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(영문) 수원지방법원 2021.01.28 2020구합61233
징계처분 취소의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. From June 13, 2017 to December 23, 2018, the Plaintiff: (a) was appointed on March 1, 1994; and (b) served as a volunteer in the B Association C’s team; (c) served as a volunteer in the B Association Headquarters from January 1, 2019 to December 22, 2019; and (d) from December 26, 2019 to December 26, 2019, the Plaintiff served as a volunteer in the head of the Operation Plan at the staff of the first Military Operation Plan.

B. On August 1, 2019, the Defendant issued a disciplinary measure for March of the salary reduction and imposition of a surcharge of KRW 677,000, on the ground that the Plaintiff committed a violation of the duty to maintain dignity and the duty to maintain integrity as set forth in the following subparagraphs against the Plaintiff.

In violation of the duty to maintain dignity (other) the Plaintiff, the Director D, the Colonel E, the Colonel F, the Colonel, the Colonel, the Colonel J, the Colonel J, the Colonel K, the Colonel on May 17, 2018, and the N frequency in Incheon M M, the amount of KRW 15,000 per civilianO for food and alcohol.

In addition, the Plaintiff, Director D, Ma, Ma, Colonel, Ma, and Colonel K offered entertainment equivalent to KRW 33,00 per person per O, for example, drinking up to 24:00 on the same day as the 1st century and returning around 01:00 on the following day from the 1st of the said 1st of the said 1st of the week to the O’s string of “ Q” in the Busan-si Pst of the Pst of Seocheon-si, Pst of the said 1st of the said year.

Accordingly, the Plaintiff violated the duty to maintain dignity (other duties) as it provided entertainment that was inappropriate by civilians until late night.

2. In the case of a civilian’s breach of duty of integrity (Acceptance of general money, goods, and entertainment) a person who manages “Rwebing land”, etc. in Incheon, Bupyeong, etc., and from October 2018, “it is possible to enter B into B associations” in the form of the E Mweing and chain ledger to substitute his own tea S with B.

"A person who has publicly expressed his intention to enter the Association B, such as "," and had the intention to enter the Association B.

Therefore, the civilianO is a public official in accordance with Article 2, Paragraph 1, Item 1 of the Code of Conduct of Public Officials of the Ministry of National Defense.

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