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Reasons
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(영문) 춘천지방법원 2017.10.24 2016구합51977
정직처분취소
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On July 1, 1998, the Plaintiff served as the Second Lieutenant, and served as the B major commander of the 102 B major unit from December 22, 2015 to December 101.

B. On May 3, 2016, the Defendant issued a disciplinary measure for three months of suspension from office pursuant to Article 56 of the Military Personnel Management Act on the ground that the Plaintiff committed an act against the Plaintiff against the First Class C as set forth below.

Facts subject to disciplinary action

1. Breach of duty to maintain dignity;

A. From February 10, 2016, a person subject to disciplinary action started with personnel and a military unit conference at the 102nd Class B personnel and executive members of the 102nd Class B, including the victim’s middle class C (V, 34 years of age), and at the 18:00 Sin early February 10, 2016, and terminated at around 21:30 on the same day.

On the same day, at around 21:50 on the same day, the victim sent the victim a Kakakao Stockholm message stating that “I cannot do so any longer,” and “I cannot do so,” but the victim refused to send the Kakao Stockholm message stating that “I cannot do so if I cannot do so, I cannot do so,” and the victim could no longer refuse to send the Kakao Stockholm message that “I are too difficult to do so,” together with the personnel and executive officers.

At around 23:40 on the same day, the head of the personnel division and the personnel management officer committed an indecent act against the victim by force by forceing the victim by taking the victim's hand on the side of the victim's left hand, etc. with the victim's mind that the person subject to disciplinary action who is not on the spot in the toilet would commit an indecent act against the victim."

B. Persons subject to disciplinary action

(a) From the indecent act under paragraph (1), around February 11, 2016: 00:13:

A. The victim sent the Kakakao Stockholm message to the victim outside of the hump as described in the port, and the victim would be out of the victim.

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