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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On March 1, 2015, the Plaintiff served as a full-time officer (rank: Captain) at the personnel staff position of the headquarters of the Army Group of the Army from April 1, 2016 to June 25, 2018.
B. On May 28, 2018, the Defendant took a disciplinary measure against the Plaintiff on the ground that the Plaintiff committed the following misconduct (hereinafter “instant misconduct”) and breached the obligation to comply with the law and good faith (hereinafter “instant disposition”).
On January 12, 2018, the Plaintiff violated the duty to comply with the law by issuing a certificate of association commendation of middle- and middle-aged C who did not undergo a first public deliberation on January 2018, and issuing it as of January 12, 2018. On January 12, 2018, the Plaintiff violated the duty to comply with the law by accessing the national defense personnel management information system and entering the award and decoration order for the relevant two persons.
(2) The Plaintiff violated the duty of good faith (hereinafter “Disciplinary Reason 1”) on January 12, 2018, without having received official commendation from the Gwangju Metropolitan City Mayor on January 12, 2018, the Plaintiff violated the duty of good faith by issuing official commendation and neglecting official commendation on the following: (a) accessing the National Defense Personnel Information System and entering the relevant official commendation in a false manner (hereinafter “Disciplinary Reason 2-1”); (b) entering the relevant official commendation in a false manner; (c) 1023 items in 2016; (d) 449 items in 2016, 2017; and (e) 193 items in 2017; and (e) 2017 items in a false manner without having received official commendation.
(hereinafter referred to as "Disciplinary Reason 2-2".
The Plaintiff appealed against the instant disposition on July 3, 2018, but the Army Chief of Staff dismissed it on May 27, 2019.
On the other hand, the Plaintiff was investigated into the grounds for 1st and 2-1 among the instant misconducts, and prepared public documents with the same content as those of the grounds for 1st and May 1, 2018.