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(영문) 대전지방법원 2015.07.22 2014구합2999

전역명령처분취소

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. After entering the military school on April 2, 1991 and completing the noncommissioned Officer’s course on August 10, 1991, the Plaintiff served as a noncommissioned Officer on August 10, 1991, and transferred the military restaurant D, and served as a military restaurant manager from November 1, 2010 to the head of the Gun and the officer in charge of Class 1 and Class 3.

B. The Plaintiff was selected as a person subject to active duty service in accordance with Article 208(1)1 of the Regulations on the Personnel Management of 112 Noncommissioned Officers of the Army Regulation, based on each work evaluation conducted by the first and second evaluators in the year of 2010, from among the first and second evaluators in the year of 2013.

C. On January 6, 2014, the Plaintiff was referred to the Military Manpower Investigation Committee (hereinafter “Investigation Committee”) that was inappropriate for active duty service, and the Investigation Committee decided to refer the Plaintiff to the Military Manpower Investigation Committee (hereinafter “Investigation Committee”). D.

On February 6, 2014, the Committee for Review on Discharge from Active Service of the Army (hereinafter referred to as the "Committee for Review on Discharge from Active Service") decided to discharge the Plaintiff from active service, taking into account the following as a whole:

1. The first half of 2010 - the second half of 2010 - this officer has a problem of unity to the extent that he/she has no desire to perform his/her duties to the extent that he/she does not want to do so, and why he/she pays the money within the noncommissioned Group and withdraws from his/her office.

There are many restrictions to act as a health problem. -2. There are lack of a smooth relationship with the surrounding fellows, lack of knowledge and efforts to improve their duties, and lack of basic quality such as expertise, ability, and effort to perform the role of noncommissioned Officers in the future due to lack of personality.There are health problems, but it neglects to take measures such as treatment and transmission, and neglects to perform duties over a long period of time.