징계처분취소
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
The purport of the claim and the purport of the appeal are the judgment of the first instance.
1. The grounds for admitting the judgment of the court of first instance, which the Plaintiff asserted in the trial while appealed, are not significantly different from the contents of the Plaintiff’s assertion in the first instance trial, and even if the evidence submitted to the court of first instance is reviewed together with the Plaintiff’s assertion, the judgment of first instance dismissing the Plaintiff’s claim is deemed legitimate.
Therefore, the reasoning of this court concerning this case is that the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance except for the dismissal as follows. Thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
The judgment of the court of first instance shall be sentenced to the "disposition of this case" of the 8th to 9th of the 2th of the judgment of the court of first instance, and the "disposition of this case" of the 3th of the 3th of the suspension.
In the first instance judgment, the 3th through 5th of the 3th of the 1st instance judgment are as follows.
“The Government”
C. On January 17, 2020, the Plaintiff appealed to the Appeal Committee against the Disciplinary Action against the Army Headquarters, and the said Appeal Committee rendered a decision to reduce the original disposition for the period of three months from suspension to one month by one month from office, and the Chief of Staff of the Army passed it to the Plaintiff on June 1, 2020 (hereinafter the above ground for recognition) (the “instant disposition”), which was reduced to one month from suspension to office (hereinafter the “instant disposition”). In the absence of dispute, the Plaintiff’s written evidence Nos. 1 and 2, evidence Nos. 1 and 1 through 8 (including numbers; hereinafter the same shall apply), each of the written evidence No. 5 of the first instance judgment, and the purport of the entire pleadings, are as follows.
Article 60-3 (1) of the Military Judicial Act provides that "A request for a resolution of disciplinary action shall not be made after three years have elapsed from the date on which the grounds for disciplinary action occurred."
“.......”
In that sense, according to the overall purport of the statement and change of the evidence No. 4, the Chief of Staff of the Army as of July 17, 2017, when the term of validity on July 16, 2019 is imposed, the Chief of Staff of the Army must immediately report to the commander who has the right of disciplinary action when he/she was subject to criminal punishment in the private prosecutor's office and the court, and up to now among the persons to be selected for promotion.