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(영문) 대구지방법원 2018.07.18 2018구합20599
감봉처분취소
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 November 1, 2014, the Plaintiff was assigned to the Army Noncommissioned Officers, and served as a personnel officer (on October 28, 2016, at the headquarters of the B volunteer Soldiers Group C, the headquarters of the B volunteer Soldiers Group C, and the headquarters team personnel division (on the army staff).

B. On August 7, 2017, the Defendant imposed a disciplinary measure against the Plaintiff for three months of salary reduction pursuant to Article 56 subparag. 2 of the Military Personnel Management Act on the ground that the Plaintiff breached his/her duty to maintain dignity as follows:

(hereinafter “instant disposition”). 1. Disciplinary name

(a) A violation of the duty to maintain dignity;

(b) Breach of duty to maintain dignity;

2. The Plaintiff is unmarried as a person working as a officer in charge of officer in the Department of Assistant Soldiers in the B volunteer Team from October 28, 2016 to October 28, 2016.

The same rank D is a person who has been married in 2011 and has a spouse.

From January 2017 to June 201, the Plaintiff violated the duty to maintain dignity (other duties) by using a small amount of D and total of 288 currencies at the places of residence located in the Gu and Si F building Mta Si 501.

B. On June 28, 2017, at around 23:00, the Plaintiff: (a) placed in the hullus of the hulled rice located in the H-cafeteria G in the Gumi City; (b) placed in the hullum D and the hulle D in the state of Mana, Jin D transferred the Plaintiff’s arms behind the Plaintiff, and suspended the phone from the Jin Jin I in the middle of the 2017 region; and (c) the phone from the Jin Jin I in the same region.

On June 8, 2017, the Plaintiff, at around 23:05, moved from the above place of sloping to the container stuff, and continued to use spared D and sparedly, the Plaintiff’s witnessed the act, “Woo,” “Woo,” and the Plaintiff’s act of play.

Accordingly, the plaintiff violated his duty to maintain dignity (sexual assault, etc.).

C. On September 15, 2017, the Plaintiff appealed to the second operations commander on September 15, 2017, but the appeal was dismissed on February 2, 2018.

[Ground of recognition] without any dispute, entry of Gap 1, 2, and Eul 7;

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