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(영문) 의정부지방법원 2020.11.24 2020구합10079

징계처분취소

Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On January 1, 2019, the Plaintiff was appointed as a Army Noncommissioned Officers, and served as a Army Support Group B B, a warehouse manager, or an assistant in the Army Support Group 5, Group 5, group 5, group 5, group 5, group 5, group 5, group 5.

Since the plaintiff became a person eligible for promotion to the first superior in 2013, the plaintiff was examined as a person eligible for the selection for promotion to the superior.

B. On May 24, 2012, around 23:10, the Plaintiff was charged with a summary order of KRW 1,00,000,000 issued by the Jung-gu District Court on June 15, 2012, for a summary order of KRW 1,00,000, which became final and conclusive around that time, on the grounds that the Plaintiff driven a FS5 car while under the influence of alcohol content of approximately 00 meters in approximately 00 meters from the Do in front of the 200 meters of blood alcohol level from the Do in front of the Do in the city of Jung-si to the road in front of the e

(A) The term “instant penal punishment” refers to a person who is subject to criminal punishment in accordance with Article 22 (Duty of Suspension in Office), Article 25 (Duty of Giving Notice) of the Framework Act on the Status and Service of Military Personnel, and Article 241 (1) of the Regulations on the Personnel Management of Officers 110, which applies mutatis mutandis pursuant to Article 123 of the Land 112 Personnel Management Act (hereinafter collectively referred to as “the instant provision”), shall be immediately reported to the public prosecutor or court having the right to disciplinary punishment.

In addition, according to the order of noncommissioned Officer Promotion (hereinafter “instant order”) who is the Army leader every year, a person subject to the order of appointment for promotion who has not reported among the persons subject to the order of appointment for promotion shall voluntarily report to the pertinent military unit and the committee for selection for promotion before holding each examination for promotion.

Nevertheless, at around 23:10 on May 24, 2012, the Plaintiff driving a FSM5 car with a alcohol level of approximately 0.064% under the influence of alcohol level from approximately 200 meters to the front road of the e elementary school located in D from the front of the Do of the Do of the Government of the Republic of Korea on May 24, 2012, and who is a civilian, is a fine of KRW 1,00,000 at the District Court of the Government, a private judicial institution.