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(영문) 대전지방법원 2017.01.04 2016구합102275
문책전보처분취소
Text

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 January 1, 1997, the Plaintiff was appointed as the commander of the reserve forces, and served as the commander of the BFC D, and served as the commander of the BF group of the BF group of the Army from January 1, 201, and served as the commander of the reserve forces of the BF group of the BF group of the Army.

B. The Plaintiff received Grade C in 2011, Grade D in 2012, Grade D in 2013, Grade C in 2014, Grade E in 2014, and Grade E in 2015 of the Army Regulations (amended by March 1, 2016; hereinafter the same shall apply) and became subject to reprimand pursuant to Article 10(3)2 of the Regulations on the Incidental Management of the Military Units for the Armed Forces in the Republic of Korea (amended by Act No. 1421, Mar. 1, 2016).

C. On January 12, 2016, the Army Transfer Review Committee passed a resolution of reprimand against the Plaintiff, and the head of the Army B shall report this to the Defendant on January 18, 2016.

On January 25, 2016, the Defendant issued a explanatory statement of the reprimanded Review Board against the Plaintiff stating that “The Defendant may be present at the reprimanded Review or present his/her opinion in writing, because he/she was referred to the reprimanded Review pursuant to Article 42 of the Personnel Management Regulations,” to H of the Army Regulation 520 (amended by March 1, 2016; hereinafter the same shall apply) in charge of the preliminary power management of the Army Regulation 520 (amended by Act No. 1420, Mar. 1, 2016).” The Plaintiff received the explanatory statement on January 26, 2016.

E. On January 29, 2016, the Army Headquarters Transfer Review Committee was held on the Army Headquarters’s transfer review committee, and the Plaintiff was present at the said transfer review committee and presented its opinions.

The Army Headquarters Review Committee passed a decision to transfer the plaintiff from the FF Team of the Army Team to the 5th Army Team of the Army on the ground that service performance is low in accordance with the Regulations on the Management of the 521 performance-based Reserve Forces in the Army Regulations of the same day.

On February 19, 2016, the Plaintiff appealed against the above resolution and filed a petition review with the Appeal Commission for Personnel Management of Civilian Personnel, but the said request was dismissed on May 16, 2016.

F. On June 17, 2016, pursuant to Article 42 of the Personnel Management Regulations for the Person in Charge of the Management of Reserve Electricity Regulations 520 on the Army Regulations, the Defendant was from the F Team of the Army Team EF as of July 1, 2016 to the Plaintiff.

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