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1. On December 15, 2016, the Defendant confirmed that a disciplinary action against the Plaintiff was null and void.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
가. 당사자들의 지위 1) 피고는 석가세존(釋迦世尊)의 자각각타(自覺覺他), 각행원만(覺行圓滿)한 근본교리를 봉체하며 직지인심(直指人心), 견성성불(見性成佛), 전법도생(傳法度生)함을 종지로 하고, 종헌, 종법 등 자율규범을 마련하여 단체 및 신앙의 질서를 유지하는 종교단체로서, 그 산하에 의결기관으로 C 및 D, 집행기관으로 E원, 사법기관으로 F원 및 법규위원회를 두고 있다. 2) 원고는 1989. 2. G대학교 불교학과에 입학하고 1992년 군종사관후보생으로 선발된 후 1993. 9. 25. 피고로부터 사미계를 받아 피고의 승려가 되었으며, 1995. 7. 1. H 군종장교로 임관하여 I실에서 근무하는 사람이다.
B. A disciplinary action against the Plaintiff 1) Defendant: (a) convened an inquiry board in accordance with the JJ’s lawsuit; and (b) decided on September 21, 2016 on the disciplinary action against the Plaintiff for the following reasons: (a) the suspicion of submitting a written accusation containing false facts in collusion with L and investigative agencies in order to gather K (hereinafter “instant disciplinary ground”).
(3) The Plaintiff is a Gun crew member, who is a H military crew member (hereinafter “K”).
(1) On August 11, 2014, when the head of I is promoted to this Order, he/she would be expected to be discharged from military service according to the rank retirement years because he/she will return to the Buddhist, German, and Professor for a two-year period according to religious practice, and will be discharged from military service according to the rank retirement years. On September 9, 2015, K would be able to serve as the head of I Office if he/she would not serve as the head of I Office on the ground that he/she would not serve as the head of I Office. On August 11, 2014, K would be able to serve as the head of I Office. On September 1, 2015, K would submit a written accusation that contains false facts, including the following, to H investigation agency directly or indirectly, and the military executive officers and Jinsk National Assembly was investigated by H investigation agency, and on September 9, 2015, K would become final and conclusive by the Special Division of the High Court for Armed Forces.