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(영문) 대구지방법원 2014.11.14 2014구합21327

제적처분취소

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1. On May 2, 2014, the Defendant’s disposition of expulsion from the officer candidates of the Reserve Officers’ Training Corps against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On March 2, 2012, the Plaintiff was selected as officer candidates of the Reserve Officers’ Training Corps (hereinafter “officer candidates”) pursuant to Article 57(2) of the Military Service Act while attending a college B of the Military Education University on March 2, 2012, and was affiliated with the Reserve Officers’ Training Corps of Article 138 (hereinafter “the Reserve Officers’ Training Corps”) and completed officer candidates training.

As a result of the selection report of a person subject to a decoration (No. 10-1) (No. 10-1), interview/verification - The above-mentioned person (Plaintiff) sent and introduces E candidate pictures to a high school hold, and includes pictures of female candidates without consent, along with the content that he/she did not go against. - He/she verified text messages, such as the E and F candidate SNS (Kakao Stockholm) that he/she should be seen as a candidate and engage in self-defense, through E and F candidate SNS, and accordingly, he/she wishes to punish A candidate (Plaintiff) for sexual harassment remarks (Violation of gender group) (hereinafter referred to as “Plaintiff”).

B. On April 25, 2014, the Defendant commenced an investigation into the Plaintiff’s violation of the sexual army; on the 28th of the same month, the Plaintiff was selected as a person subject to deliberation on discipline on discipline for the following reasons (hereinafter “reasons for disposition”); D, C of the Meritorious Deliberation Committee, notified the Plaintiff of the grounds for disposition ① on the same day, and issued a written notice of attendance of the Meritorious Deliberation Committee to the Plaintiff.

C. On May 1, 2014, the Defendant: (a) held a deliberation committee; (b) the Plaintiff appeared at the time of the foregoing deliberation and stated opinions; and (c) the Jeju Family Council decided to remove the Plaintiff as a result of deliberation; and (d) the Defendant approved the aforementioned expulsion decision on the same day and notified the Plaintiff that he was removed from the officer candidate status (hereinafter “instant disposition”).

On the other hand, there is no indication of the reason for disposition in the instant disposition. In the instant lawsuit, the Defendant, other than the reason for disposition, i.e., “the Plaintiff”, and the F candidate, enter G with water without snow on the drinking place in which men live.

Males shall be accompanied by a male attachment.