전역처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On January 19, 2009, the Plaintiff transferred to the Army B, and promoted to the superior on November 1, 2013, and served as B, from August 25, 2014 to December 7, 2015, as B, as the driver of the towing vehicle for the Armed Forces, and from December 8, 2015 to February 23, 2017.
B. On September 13, 2016, the Plaintiff was subject to a disciplinary measure for one month of suspension from office due to the following grounds for disciplinary action by the head of the Army Team.
(hereinafter “instant disciplinary action”). The Plaintiff is a person who works as a public official in the line of duty as a vehicle maintenance officer.
1. The Plaintiff breached its duty in good faith (limited to the neglect of duty) neglected to perform his/her duties by neglecting his/her duties, such as taking music on a mobile phone from August 8, 2014 to May 2016, when he/she was educated by a commander with respect to the restraint of the use of a mobile phone during work hours, or from the affiliated administrative team to the affiliated administrative team during work hours, and performing mobile phone games.
2. From September 16, 2014, the Plaintiff violated the duty of fairness (Preparation of False Official Document) operated a vehicle for about 20 months by being awarded five tons of a special towing vehicle, which is a special towing vehicle, on its affiliated premises. However, since the Plaintiff operated only within the airspace, the total distance of operation did not exceed 100 km.
Nevertheless, on May 2016, the Plaintiff issued a direction to the superior administrative team C to the effect that “the distance of operation from which a driver’s ticket is to be issued is to be input into the National Defense Transport Information System.” On the other hand, C, who is not aware of the aforementioned circumstances, input a total of 750 km in the details of driving of a vehicle with a special dog of the Plaintiff in the National Defense Transport Information System.
Accordingly, the plaintiff violated the fair duty by allowing others to enter false information into the national defense transportation information system, which is a public electronic record, with a view to unfairly renewed private driver's license.
C. The Plaintiff appealed against the above disciplinary action to the Defendant, but the Defendant rendered a ruling dismissing the appeal on December 1, 2016.