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(영문) 서울행정법원 2019.03.07 2018구합73409
진급낙천처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the instant disposition

A. On September 1, 1993, the Plaintiff was so-called the First Lieutenant (30 private officers) and was promoted to the Second Lieutenant on December 1, 2005. Around August 201, 2013, the Plaintiff was selected as a person scheduled for promotion and was registered and published in the list of prospective candidates for promotion. On November 1, 2014, the Plaintiff was planned to be promoted to the Second Lieutenant.

B. (1) In the event of suicide case B in the middle group, the Plaintiff committed suicide on March 20, 2010, which was serving as the Creshion group maintenance unit commander, and around March 20, 2010, the Plaintiff’s subordinate Party B committed suicide (hereinafter “B”).

(2) On May 27, 2010, the military police officer of CJ reported on May 27, 2010 that CJ died of his/her own neck on the grounds of minor military welfare, such as the quality of his/her superior, insufficient management of the deceased, lack of internal character, burden due to lack of work ability, and personal new soldiers’ vision, etc., and the Plaintiff did not receive any particular personnel disadvantage other than oral warning according to the aforementioned findings.

3) On May 15, 2014, the bereaved family members of the deceased filed a complaint with the Anti-Corruption and Civil Rights Commission, etc. to the effect that they committed suicide due to the Plaintiff’s sexual harassment, etc., and the Ministry of the Army Headquarters General Prosecutor’s Office of the Army Headquarters re-examines the deceased’s suicide case. C) On September 16, 2014, the Plaintiff was indicted on charges of preparing false official documents, etc., based on the results of the re-audit by the General Prosecutor’s Office of the Army Headquarters General Prosecutor’s Office of the Army Headquarters on September 16, 2014. On July 10, 2015, the Plaintiff was sentenced to imprisonment with prison labor for one year, suspension of execution two years, and for abuse of official authority and obstruction of another’s exercise of rights, etc. (hereinafter “related criminal case”).

2) The Plaintiff and the Prosecutor appealed, but on October 27, 2016, the Daejeon District Court (2015No3073) rendered judgment dismissing the appeal.

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