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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, 2018, the Plaintiff was appointed as Second Lieutenant and received elementary secondary education at a general Gun school from March 5, 2018 to June 22, 2018, and served as the small unit commander at the 1 head of the Gun Support Headquarters B from June 26, 2018.
B. On September 12, 2018, the Defendant issued a reprimand against the Plaintiff on the following grounds:
(hereinafter “instant disposition”). 1. Disciplinary name: Breach of duty to maintain dignity (other)
2. According to Article 102(1)5 of the Regulations on Prevention and Handling of Accidents in the Army, which is subject to disciplinary action, no unnecessary physical contact shall be conducted against the other party.
Nevertheless, the Plaintiff:
A. On March 2018, 2018, at the center of the early Gun School: (a) (i) taking radio wave documents reported by the so-called “victim C” (hereinafter “Disciplinary Reason 1”); (ii) taking the victim’s left arm’s length in a lecture room around March 2018; (iii) taking the victim’s arms seated in a lecture room from the bend to the bend side of the opening to the bend side of the day (hereinafter “Disciplinary Reason 2”); and (iv) taking the above victim’s arms seated in a lecture room around March 2018 as his/her hand room (hereinafter “Disciplinary Reason 3”); and (v) making the said victim feel discomfortable; and (v) making the said victim feel the victim feel a part of the above victim’s arms seated in a lecture room (hereinafter “Disciplinary Reason 3”); and
B. On April 12, 2018, at a general Gun school lecture room, the victim took a cell phone screen on which the victim’s so-called D was reported, resulting in the victim’s act of expecting approximately 20 seconds of face to the right shoulder of the victim, thereby causing the victim to feel displeasure.
(hereinafter “Disciplinary Reason 4”). Ultimately, the Plaintiff violated the duty to maintain dignity by repeating unnecessary physical contact acts.
3. Grounds for dispositions: The grounds for disciplinary actions shall be recognized pursuant to Article 56 of the Military Personnel Management Act.
The Plaintiff filed an appeal against the instant disposition on October 8, 2018, but the Camp Commander dismissed the Plaintiff’s appeal on December 21, 2018.
[Ground of recognition] The fact that there is no dispute, A.