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(영문) 인천지방법원 2020.04.23 2019구합56498
징계처분무효확인
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. From May 7, 2014, the Plaintiff was reorganized into the first unit of military support headquarters after the third unit of military support headquarters.

From February 2015, D served as a radio repair officer (grade) in the radio equipment maintenance team of the BJ C C (hereinafter “instant maintenance team”) and from February 2015, D served as a radio repair officer (grade officer) in the instant maintenance team.

B. On June 15, 2016, the Defendant rendered the Plaintiff a disposition of “seven days of good faith” for the following reasons:

(hereinafter referred to as “instant disposition”). 1. Disciplinary name: Breach of duty to maintain dignity (sexual assault, etc.)

2. In light of the fact that a person subject to disciplinary action, from August 27, 2012 to August 27, 2012, is stated as a person subject to disciplinary action, the Plaintiff’s summary records against the Plaintiff, the Plaintiff’s radio team of the C military Support Headquarters BF from August 27, 2012 to November 30, 2013, and the Plaintiff’s working for the C military Support Headquarters from May 7, 2014 to November 7, 2014, it is deemed as a clerical error of “ May 7, 2014” (see, e.g., e., page 9 from around 10-5) and that the relevant part of the facts charged is also the same.

Until now, a person who has been assigned as a radio equipment maintenance team leader for the CJ radio equipment maintenance team is assigned to and is on duty.

징계처분대상자는 2016. 5. 18. 14:00경 소속대 무선장비정비반 사무실에서 상황판의 스테이플러 침을 제거하는 작업을 하던 중 같이 작업을 하던 피해자 중사 D의 오른쪽 엉덩이 가운데 부분을 소지하고 있던 일자드라이버의 금속 부분으로 1회 툭 쳤다

hereinafter referred to as the "Disciplinary Reason of this case"

3. Grounds for disposition: Article 56 of the Military Personnel Management Act (Article 37 of the Act on the Management of Civilian Personnel in the Military Service) is recognized as grounds for disciplinary action.

On July 8, 2016, the Plaintiff appealed against the instant disposition, but the 3 Camp Disciplinary Appeal Review Committee decided to dismiss the Plaintiff’s appeal on October 10, 2016.

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