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(영문) 수원지방법원 2017.07.26 2017구합61691
강등처분취소
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 was promoted to the Second Lieutenant in 2007 and served as the president of the National Armed Forces Medical Center affiliated with the National Armed Forces Headquarters, and served as a research official belonging to the military unit.

Grounds for Disciplinary Action

1. A soldier shall not engage in sexual harassment pursuant to Article 27(1)1 of the Framework Act on the Service and Status of Soldiers in Breach of Dignity (sexual assault, etc.) and sexual harassment refers to “act of causing sexual humiliation or aversion to the other party by using his/her position or making sexual comments or sexual demands, etc. related to duties, etc.” under Article 77 subparag. 3(a) of the Regulations on the Settlement and Prevention of Accidents.

On July 4, 2016, the Plaintiff: (a) called, “I am the victim Soviet C (I am the I am. I am well. I am well. I am well. I am well at the time of attending a graduate school; (b) I am the victim, “I am well, I am well. I am well at the time of the attending a graduate school; and (c) I am the victim’s refusal to “I am. I am. I do not am..........................................................”

B. On July 6, 2016, when there is a difference between the victim and the victim in the small conference room in B Hospital D located in Pyeongtaek-gun, the victim further stated that “I wish to terminate the direction relationship” to the victim.

Ultimately, the Plaintiff violated the duty to maintain dignity by sexual harassment against the victim.

2. Breach of duty to maintain dignity;

A. At around 20:53 on July 11, 2016, the Plaintiff sent a message to the Victim E (I) stating that “I shall not report to the F Government, the Medical Commander, and the Chief of the Inspection and Inspection Office by the date on which the Plaintiff took place, the Plaintiff’s private life on the G substitute news of the photo taken up, and that I shall be divided into four generations. Even if I die, Non his/her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

B. July 2016

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