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(영문) 서울행정법원 2010.04.23 2009구합14781
파면처분등취소
Text

1. Of the instant lawsuits, the order of the Minister of National Defense to recruit the Plaintiff A and the Chief of Staff at Army.

Reasons

1. Details of the disposition;

A. On July 22, 2008, the Minister of National Defense (hereinafter “the Minister of National Defense”) designated 23 books, including the “Korea-style culture in North Korea,” as “indonesbook” on the grounds that they may adversely affect the mental strength of soldiers, and issued orders to take measures to prevent entry into the military unit of the said book (hereinafter “instant order”).

B. At the time of the issuance of the instant order, Plaintiff A served as a military advocate at the time of the instant order, Plaintiff B, the Captain’s Captain, the National Defense Facility Headquarters by Captain, Plaintiff F as a person scheduled to be promoted, Plaintiff C as captain, and Plaintiff D as a military advocate at each of the K institutions. On October 22, 2008, the Plaintiffs filed a constitutional complaint against the Plaintiffs on the grounds that “The instant order and the Military Personnel Management Act (amended by Act No. 9293, Dec. 31, 2008; hereinafter the same shall apply), Article 47-2 of the Military Personnel Management Act (amended by Presidential Decree No. 21750, Sept. 29, 2009); Article 16-2 of the Military Service Rule (amended by Presidential Decree No. 21750, Sep. 29, 2009; hereinafter the same) infringes on the Plaintiffs’ fundamental rights.”

(hereinafter referred to as “instant constitutional complaint”). C.

On March 18, 2009, the defendant Army Chief of Staff (hereinafter referred to as the "the defendant Army Chief of Staff") ordered the plaintiff A to be subject to disciplinary action (1) through (4), and the plaintiff B to be subject to disciplinary action (1) through (5) as grounds for disciplinary action under Article 56 Paragraph 1, 2, 3, Article 57 Paragraph (1), and Article 58 Paragraph (3) of the Military Personnel Management Act, each of the following disciplinary actions against the plaintiff C, D, and F on the same day with the approval of the defendant minister pursuant to Article 56 Paragraph 1, 2, subparagraph 3 of Article 56 and Article 57 Paragraph 1 of the Military Personnel Management Act as grounds for disciplinary action (hereinafter referred to as the "the defendant Army Chief of Staff") was subject to disciplinary action against the plaintiff C on March 18, 2009, and the defendant Defense Facility Head of the defendant Defense Agency was subject to disciplinary action against the plaintiff E on March 19, 2009:

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