1. The plaintiff's claim is dismissed.

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

Details of the disposition

On November 6, 1998, the Plaintiff was appointed as Staff sergeant and served as a military assistant or noncommissioned officer in the 6th group 19th group 19 units from March 28, 2016 to the 19th group 19 units.

On September 11, 2017, the Defendant, following the resolution of the disciplinary committee, took a one-month disciplinary measure against the Plaintiff on the ground that the Plaintiff violated his duty to maintain dignity (such as violence, insult, verbal violence, sexual violence, sexual violence, etc.) and the duty to maintain good faith (such as abuse of authority), as stated in attached Table 1, (hereinafter “instant disposition”).

On December 11, 2017, the Plaintiff filed an appeal against the instant disposition with the Appeals Commission of the Camp headquarters on the ground that: (a) on November 22, 2017 and December 5, 2017, the Plaintiff held a Committee for Appeal against Disciplinary Action and deliberated on the facts subject to Disciplinary Action No. 1, which are the facts subject to the examination of appeal; (b) revoked the relevant part of the disciplinary action on the ground that “the part of the instant disciplinary action is not recognized to be “the direction to make the land that could overlap with the House C,” and only the remaining grounds for disciplinary action under subparagraphs 1 through 5 (hereinafter “the instant grounds for disciplinary action”); (c) however, the Plaintiff dismissed the appeal.

[인정 근거] 다툼 없는 사실, 갑 제1, 2호증, 을 제13, 14호증의 각 기재, 변론 전체의 취지 이 사건 처분의 적법 여부 원고 주장의 요지 징계대상사실 부존재 징계사유 제1항에 관하여, 하사 C의 태도에 대한 훈계 차원에서 장난으로 발을 들어 휘두르는 시늉을 하였는데 C이 손을 내밀어 이를 막으려다가 원고의 발이 C의 손에 닿은 것으로, 폭행의 고의가 없었다.

With regard to the grounds for disciplinary action paragraph 2, ① the remarks, such as “D,” were made with the deaf gate, and does not constitute an insulting speech, and ② the age-related remarks are designed to pay C with attention to the fact that C is a “child-gu” to sick soldiers.