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(영문) 춘천지방법원강릉지원 2019.04.04 2018구합30595
영창집행취소의 소
Text

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 June 19, 2017, the Plaintiff joined the army and served as a medical unit for the Army Volunteer Team in the Army from May 28, 2018 to the date of closing argument in the instant case.

B. On October 2, 2018, the said Committee passed a resolution of five days for a disciplinary action against the Plaintiff on the ground that the Plaintiff committed a breach of duty of confidentiality (Security Review) (hereinafter “instant disciplinary action”), as follows, on the grounds that the Plaintiff committed a breach of duty of confidentiality (hereinafter “instant disciplinary action”).

On August 5, 2018, the Plaintiff submitted a handphone that was originally used at the time of returning to the Republic of Korea on August 5, 2018, and carried a core chip on the handphone of public machinery by September 10, 2018, and violated the duty of confidentiality (Security Regulations) by using C or Sns carried a core chip on the handphone of public machinery.

C. Accordingly, on October 8, 2018, the Defendant rendered a five-day disposition against the Plaintiff (hereinafter “instant disposition”). D.

The Plaintiff appealed against the instant disposition, and filed an appeal with the head of the Army Volunteer Team, but was dismissed on October 15, 2018.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 through 3 and 13, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Defendant, in fact, did not hold a disciplinary committee on October 2, 2018, and the Plaintiff prepared a written resolution only on the document without attending the disciplinary committee. 2) The instant disposition that deviates from and abused discretion is illegal in violation of equity and appropriateness.

(b) Entry in the attached Form of relevant statutes;

C. According to the evidence Nos. 13-2, 4, 9, 10, and 11 of Gap’s evidence 13-2, 9, 10, and 11, the plaintiff signed a receipt of the notice of attendance of the disciplinary committee on September 28, 2018, signed the receipt of disciplinary action on October 8, 2018, the disciplinary secretary stated that the plaintiff was absent from the disciplinary committee because he/she would not attend the disciplinary committee, and the plaintiff submitted a written waiver of his/her right to make a statement of appeal.

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