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(영문) 수원고등법원 2020.06.17 2019누13509
정직처분취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except in the following cases. Thus, the reasoning of the judgment is cited by Article 8(2) of the Administrative Litigation Act and the main sentence of

2. At the bottom of 2 by inserting 3 lines [based on recognition] by inserting 8 to 11.”

4 The 4th line is seeed as "no one," "no one," respectively.

4. Each of the instant instructions given by the Army Chief of Staff, the superior of the Plaintiff, shall be subject to each of the instant instructions, which are the administrative rules issued by the Army Chief of Staff.

6. Parts from 8 to 3rd by the bottom shall be dried as follows:

Article 6 (1) 9 of the Act on the Lapse of Punishment, Etc. provides that "where it is necessary to verify specific grounds for disciplinary action, etc. of a public official for whom disciplinary procedures have commenced, criminal records and response thereto may be made." In light of the fact that Article 7 (1) of the Military Personnel Disciplinary Decree provides that "if a superior who is not the person having disciplinary authority becomes aware of a subordinate's misconduct, he/she may notify the person having disciplinary authority over such subordinate of the fact of misconduct and request disciplinary action, etc., he/she may request disciplinary action, etc.", it is difficult to view that notification by the general prosecutor of the Water Headquarters of the above summary Order to the Ministry of Justice of the Ministry of Justice of the Ministry of Health and Welfare of notification of the above summary Order to the Ministry of Justice of the Ministry of Health and Welfare is "for any purpose other than original use" of criminal records. Accordingly, the plaintiff's above assertion on a different premise

In addition, Article 123(1) and Article 123(1) of the Regulations on the Personnel Management of Noncommissioned Officers 112 Noncommissioned Officers at the time of 2008 (Personnel Management of Punishment Records) (1) of the Military Personnel Management of Regulation 123(1) of the Army Regulation at the time of 2008, the legal basis for the duty to report the facts of criminal punishment in the private court is not the order

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