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(영문) 청주지방법원 2017.03.23 2016구합11358
징계처분 취소
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. From July 2, 2015, the Plaintiff, as a captain of the Army, has served as the captain of the Army Headquarters B B B B of the Army Headquarters (hereinafter “instant unit”).

B. On March 3, 2016, the Defendant issued a reprimand against the Plaintiff on the ground that the Plaintiff violated the duty of good faith as stated in the grounds for disciplinary action below (hereinafter “instant disposition”).

The Plaintiff, on December 31, 2015, became aware that he/she had been suffering from illness D (hereinafter referred to as “the deceased”), and that he/she had been suffering from illness due to depression on January 4, 2016, through interviews on January 4, 2016.

However, the Military Manpower Administration did not closely examine the materials of the Army Training Center and the Army Training Center, and judged that the deceased's mental disorders and their part of service adaptation was not rash.

On January 4, 2016, the Plaintiff did not hold an additional interview with the Deceased until January 9, 2016, in addition to the transfer interview on January 4, 2016, and did not endeavor to select him as a learning or care soldier.

In addition, even though the headquarters "Promotion Plan for Safety Activities in 2015" should be organized under the "Promotion Plan for Safety Activities in 2015, it neglected the prevention of accidents by failing to organize the affiliated soldiers, including the deceased, into a pre-stigious group.

The deceased's position was transferred to the position of a counterpart, but immediately after the transfer, he was assigned duties to the affiliated PX E E, and he was suffering from considerable mental pain in the course of performing his duties, such as selling the PX's disease F, and selling the deceased by himself from time to time.

However, the plaintiff did not properly implement the raise daily settlement of the deceased, and neglected to supervise the deceased's E-elect F, and did not verify that the deceased's failure to verify that the deceased's relation to the duties and appointment in PX was attributable to the relationship.

Ultimately, the Plaintiff’s injury and disease, the deceased, on January 9, 2016, is the PX appointment soldier.

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