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(영문) 수원고등법원 2020.11.11 2019누14083

징계처분취소청구 등

Text

The judgment of the first instance shall be revoked.

2. The Defendant’s disciplinary action against the Plaintiff on April 8, 2019 shall be revoked.

3...

Reasons

1. On February 2016, the Plaintiff, as a chest X, was enrolled in the Army officer (military officer) as a chest X, and served as the commander of the military unit from April 2018, and served as the manager of the military unit from May 1, 2018 to the chest X of B Hospital.

On March 2019, the Plaintiff submitted a disciplinary action on the ground of “the violation of the duty to wear clothes (the early retirement and delayed withdrawals over 20 occasions between June 26, 2018 and March 13, 2019) and the violation of the duty to comply with statutes (the act of interfering with the legitimate execution of the B hospital’s duties by using a reproduction paper in the fingerprint recognition form) four times during the period from December 12, 2018 to March 13, 2019.” On April 2, 2019, the National Defense Command Disciplinary Committee, which was held on April 2, 2019, decided that the Plaintiff be subject to suspension for two months after recognizing the aforementioned grounds for disciplinary action.

On April 8, 2019, the Defendant issued to the Plaintiff a written disciplinary action for two months of suspension from office, which is set forth in the above disciplinary grounds.

(hereinafter “instant disposition.” However, around April 12, 2019, the Defendant re-issued the Plaintiff a written disciplinary action which corrected that “from July 26, 2018 to March 13, 2019, the part of the violation of the duty to obey the instant disciplinary action was delayed and delayed once,” which read that “from March 26, 2018 to March 13, 2019.”

The corrected grounds for disciplinary action shall be as follows:

1) Breach of Duty (Non-performance of Orders) (hereinafter “Disciplinary Grounds 1.”), and, when individually referring to the facts subject to disciplinary action under the following table, referring to “the grounds for disciplinary action 1-...” by the sequence thereof.

Unless there are special circumstances pursuant to Article 30 (4) of the Regulations on the Governing 115 Military Units, the Department of Military Obligations and its subordinate units shall conduct work from 08:30 to 17:30, except in extenuating circumstances.

Nevertheless, on December 12, 2018, the Plaintiff violated the duty to obey by early retirement and delayed withdrawals over 11 times in total as shown in the following list, including early retirement from the B Hospital located in B Hospital located in C on December 15, 2018.

Now 50,000,000.