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(영문) 청주지방법원 2019.01.10 2018구합2808
징계처분취소청구
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. The Plaintiff was selected as officer candidates of the Reserve Officers’ Training Corps while attending the Department of Business Management at C University. From March 2016, the Plaintiff was assigned to the Student Military Corps B from March 2016 to the Student Military Corps (hereinafter “School Group”) as officer candidates and completed the officer candidate training.

B. On February 12, 2018, the Defendant: (a) selected the Plaintiff as a person subject to deliberation on discipline on the ground that the fact of violation of the dignity maintenance was discovered; and (b) issued a written notice to the Plaintiff on February 12, 2018 on the ground that the Plaintiff constitutes “a violation of the dignity maintenance (in the event that the violation of Acts and subordinate statutes, military discipline, etc., and the honor of the candidate is respected

C. On February 14, 2018, the Defendant: (a) deliberated on the Plaintiff’s flight (hereinafter “instant violation”); and (b) decided that the Plaintiff was removed from the military; and (c) on the same day, the Defendant approved the expulsion decision, and issued a written notice of the result of the deliberation on decoration (Evidence No. 3) notifying the Plaintiff that the result of the deliberation on decoration was “distincing the honor of the candidate” due to the “violation of dignity (in case of causing social controversy due to the violation of statutes, the disturbance of military discipline, etc.)”; and (d) notified the Plaintiff that he was removed from the officer’s status (hereinafter “instant disposition”).

The above-profit activities are confirmed to have been directly operated for the club BAR in 2018 (hereinafter referred to as "grounds for Disposition 1") by changing the Internet shopping mall (5) into its own name and another name even though it has received education that it is impossible to operate its business as a candidate for registration of a business, part-time business, or profit-making activities (hereinafter referred to as "grounds for Disposition 1") since 2014 (hereinafter referred to as "grounds for Disposition 2") by changing the name of its own name and others (hereinafter referred to as "the grounds for Disposition 1").

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