징계처분 취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details and details of the disposition;
A. From August 5, 2014 to April 15, 2015, the Plaintiff served as the head of B military unit B (the United Nations Peace Keeping Forces established on June 21, 2007 and dispatched to Lebanon).
B. On July 23, 2015, the Defendant issued a disciplinary measure against the Plaintiff on the ground that “The facts stated in attached Table 1 are recognized and constitutes a violation of the duty to maintain dignity under Article 56 subparag. 2 of the former Military Personnel Management Act (amended by Act No. 13505, Sept. 1, 2015)” against the Plaintiff.
(hereinafter “instant disciplinary action”) C.
The plaintiff filed an appeal against the disciplinary action of this case with the Ministry of National Defense, which dismissed the plaintiff's appeal on November 6, 2015.
[Reasons for Recognition] Facts without dispute, Gap 1 and 2 evidence (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. The unlawful Plaintiff was investigated by the Army Headquarters for long time on the date of returning home while serving in B unit ( April 15, 2015).
The defendant does not guarantee the time time to prepare for the investigation with the plaintiff as a middle offender, thereby significantly infringing the plaintiff's right of defense.
B. In light of the following: (a) inappropriate Plaintiff, as a commander of a unit that was dispatched to a combat area, was engaged in such conduct for the smooth performance of duties and establishment of a military unit discipline; (b) the Plaintiff was under stress due to long-term strike; (c) the Plaintiff was able to engage in considerable public services during the duration of the strike; and (d) the circumstances leading up to the occurrence of the instant disciplinary action, and the Plaintiff’s damage therefrom, the instant disciplinary action is unlawful by abusing discretion.
3. The instant disciplinary action is judged lawful for the following reasons.
Attached Form 2 of the relevant Acts and subordinate statutes shall be as follows.
B. Article 10(2) of the Decree on Disciplinary Action against Military Personnel is legitimate.