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(영문) 수원지방법원 2018.11.20 2018구합67924
견책처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who works as the commander of the unit B of the 10 U.S. Air Force 10 U.S. Air Force.

B. On June 21, 2017, the Plaintiff received from the Defendant a reprimand disposition (hereinafter “instant disposition”) on the grounds of violating his/her dignity.

C. The Plaintiff appealed against this and filed a complaint, but on August 17, 2017, the Air Force Air Force Air Force Air Transport Headquarters Review Committee dismissed the Plaintiff’s appeal, and on August 17, 2017, the Plaintiff received a notice of decision to review the appeal.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination on this safety defense

A. The Defendant’s assertion that the instant lawsuit was filed after the lapse of 90 days from the date on which the decision of the Appeal Commission was notified, and thus, the instant lawsuit is unlawful as the period for filing the lawsuit expires.

B. According to Article 51-2 of the Military Personnel Management Act, an administrative litigation on the discharge, removal, disciplinary action, temporary retirement, and other unfavorable measures against a person’s will cannot be filed without going through the review and decision of the appeals review committee or the appeals review committee under Article 60-2 of the Military Personnel Management Act. According to Article 20(1) of the Administrative Litigation Act, a revocation lawsuit shall be filed within 90 days from the date on which he/she becomes aware of the disposition, etc., but where an administrative appeal is filed, a certified copy of the written judgment shall be filed within 90 days from the date on which he/she is served with the certified copy of the written judgment. 2) In light of the aforementioned relevant statutes, the Plaintiff received on August 17, 2017 the notice of decision of the appeals review committee, which is a special administrative appeal to seek the cancellation of the disposition of this case, and thus, the lawsuit of this case should have been filed within 90 days from the date on which

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