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(영문) 수원지방법원 2016.11.09 2016구합62062
정직처분취소
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 March 1, 1997, the Plaintiff entered the Army, and was enlisted for Second Lieutenant on March 1, 1999, promoted to Major Order on November 1, 2010, and served as B Group C from December 22, 2014.

B. On November 20, 2015, the Defendant issued a three-month disciplinary measure against the Plaintiff (hereinafter “instant disciplinary measure”) under Article 56 of the Military Personnel Management Act on the ground that the following grounds for disciplinary action (hereinafter “instant disciplinary action”) were indicated as “the grounds for disciplinary action,” and that the same violation of duty to obey (i.e., defamation, and other failure to observe), political neutrality, and violation of duty to maintain dignity (SNS defamation) as the grounds for disciplinary action (hereinafter “instant disciplinary action”).

From December 22, 2014 to December 22, 2014, the Plaintiff is a person serving as Category B C;

1. Breach of duty;

A. A. On October 4, 2015, at his office or accommodation located in Ischeon-si, he shared articles with the content that “FACEBOK account, by accessing his own office or accommodation with smartphone, introduced himself as “E”, etc., and posted a letter that “F candidates have gone into golf at the time of the North Korean mine outbreak,” and 2) around October 8, 2015, he shared the same image that “I will go through golf, i.e., during the 1989 G’s 19th century,” and posted a letter that “Iskman’s fluor’s fluor’s fluor’s fluor’s fluor’s fluoral”; and

B. On July 13, 2015, at one’s office located in Ischeon-si, I refer to the victim I, who is a superior, to the national defense set set of “H,” and refers to “H, at a branch forum,” the victim I, who is a superior, in the title of “H, at each national flag pattern,” and posted a letter “as if he/she reported the direction of preparation of a decoration every time he/she sets up a draft, and if he/she does not have a sense of understanding workings as if he/she does sees and plays for the near 1-2 weeks correction, the pain that he/she does not cause is dump,” and thereby openly insulting the victim who is a superior.

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