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(영문) 서울행정법원 2020.02.11 2019구합53761
감봉처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The plaintiff is appointed on January 1, 1998, and from February 1, 2017, it is a civilian military employee (Grade V) who served as the National Defense Facility Headquarters B and C.

On June 21, 2018, the Military Service Officials Disciplinary Committee of the Korea National Defense Headquarters decided on the reduction of salary for one month on the ground that the Plaintiff violated the duty to maintain dignity with respect to the grounds for the following disciplinary actions by the Plaintiff.

around 16:00 on September 1, 2017, in the course of cleaning the office within the National Defense Facility Headquarters B, the Plaintiff has a dispute with class 5 victim D belonging to the same department as a matter of sharing the roles of cleaning with class 5 victim D.

In this process, the victim, who is aged less than himself, listened to the words "D.," and "domination," and "domination, whether it is a problem or not," and the victim's scambling scams, which are two times at times and two weeks at times and two weeks at times, suffered bodily injury, such as cambalum, etc., and during that process, the victim said that "the victim was "the same year" and "the first year."

Accordingly, the Plaintiff violated the duty to maintain dignity by causing injury and insult to the victim D.

On June 25, 2018, the Defendant rendered a disposition of salary reduction for the Plaintiff on January 25, 2018.

(hereinafter “instant disposition”). The Plaintiff appealed against the instant disposition, but the Ministry of National Defense dismissed the said appeal on November 1, 2018.

[Grounds for recognition] In light of the fact that there is no dispute, Gap evidence Nos. 1, 4, Eul evidence Nos. 4 and 5, and the plaintiff's assertion as to legitimacy of the overall purport of the pleadings, the plaintiff's performance of public service life in good faith for about 21 years, there is no previous disciplinary action or criminal punishment, the plaintiff is awarded official commendation from the Minister of National Defense, etc., the plaintiff is in depth against the plaintiff, and the disciplinary action against D has been revoked, etc., the disposition of this case constitutes a disposition that deviates from and abused discretionary power.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

Directives for disciplinary measures against military personnel and civilian military employees of the Gu Ministry of National Defense shall be November 13, 2017.

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