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(영문) 수원지방법원 2020.10.22 2019구합74554
정직처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On May 17, 1993, the Plaintiff entered the Air Force and was appointed as a Air Force Noncommissioned Officer on October 1, 1993, and served as a small-scale commander at the Air Force Force Diplomatic Headquarters B Heavy C, from January 2, 2017.

B. On May 23, 2019, the Defendant, via the Disciplinary Committee, was subject to three months of suspension from office on the grounds that the Plaintiff violated his/her duty to maintain dignity (or violation of his/her dignity), violation of the duty to comply with statutes (or violation of the Code of Conduct for Public Officials of the Ministry of National Defense), violation of the duty to comply with the law (or abuse of authority) and violation

C. The Plaintiff appealed, and on September 23, 2019, the Appeal Review Committee of the Air Force Balance Headquarters did not recognize the violation of good faith among the grounds for the original disciplinary action (limited to negligence of duties) and decided to reduce the disciplinary action against the Plaintiff for one month from suspension.

(2) The grounds for disciplinary action for one month of suspension from office against the plaintiff finally determined through the above procedure are as follows. The grounds for disciplinary action in the instant disposition, which was acknowledged through the appeal procedure, are as follows.

(hereinafter referred to as the “instant disciplinary cause”; and when referring to the individual disciplinary cause, referring to the grounds for disciplinary action, hereinafter referred to as “the grounds for disciplinary action”) by the sequences set forth below.

1. On February 19, 2019, a person subject to disciplinary action violates the duty to maintain dignity by engaging in a harsh conduct against the victim D in an operation room affiliated with the military unit, stating that "Neas it is difficult to say that he/she was immediately aware of why he/she should report," and indicating that a person subject to disciplinary action was the head of the person subject to disciplinary action, and that the above victim was unable to keep his/her head due to the robbery of the person subject to disciplinary action."

2. A person subject to disciplinary action against a violation of the law (compliance with the code of conduct for public officials of the Ministry of National Defense) shall be at the Cate Office from April 2018 to February 19, 2019.

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