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(영문) 서울행정법원 2019.04.05 2018구합56817
징계처분 취소
Text

1. On April 21, 2017, the Defendant’s disciplinary action against the Plaintiff for one month of salary reduction shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On January 20, 1989, the Plaintiff is a soldier who was serving in the B Group C Headquarters from April 2, 2007 to March 20, 2007 (hereinafter “C Group”). The Plaintiff is a soldier who was serving in the B Group C Headquarters from December 1, 1997 to December 1, 201.

Disciplinary Action (No. 1)

1. Title of disciplinary action: Breach of duty to obey (non-performance of other instructions);

2. Facts subject to disciplinary action: The plaintiff, who is a disciplinary action, has the following facts of a violation of duty to obey (other instructions).

On October 31, 2016, the Ministry of Justice did not implement the direction that “it is unnecessary to clean, and there is a concern that the cleaning of pipes might be damaged to the pressure at the time of cleaning the pipes,” which is the legitimate direction of the mid-term ledger (hereinafter referred to as “mid-term ledger”) which was in a serious situation room.”

In January 2017, the instructions should not be complied with even after visiting the five military service restaurants, the legitimate instructions of the commander, in the middle-class situation room, in order to check the amount of meals promoted.

In January 2017, the direction was not complied with even though the direction was received from the company commander's legitimate order to deliver e-mails to the second commander's legitimate order.

On February 2017, at the fifth executive restaurant, the 5th executive officer of the 5th executive officer of the 5th executive officer of the 5th executive officer of the 5th executive officer of the 5th executive officer of the 5th executive officer of the 5th executive officer of the 5th executive officer, "

In February 2017, the direction is not implemented by voluntarily withdrawing the 9 points of broadcasting, which is the legitimate direction of the mid-term ledger, in the direction of non-delivery.

On April 21, 2017, the Defendant issued a disciplinary action (hereinafter “instant original disposition”) against the Plaintiff during the March of salary reduction based on the following facts subject to disciplinary action (hereinafter “instant grounds for disciplinary action”).

C. The Plaintiff appealed to the Minister of National Defense regarding the original disposition in the instant case, and on December 7, 2017, the Minister of National Defense among the grounds for the original disposition in the instant case ①

(a)In the case of paragraph, the decision that there is no suspicion and the remainder;

(b)beo;

(e) The above paragraph;

(b)bee;

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