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(영문) 춘천지방법원 2019.04.23 2018구합52196
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. From November 29, 2016 to January 4, 2018, the Plaintiff served as the chief of C (Order) in the 12th unit B department of the 8th unit B department of the 8th unit C (Ordinance).

B. On March 8, 2018, the Defendant: (a) against the Plaintiff, on the ground that the Plaintiff committed an act of impairing the dignity against the First Lieutenant D (tentative name) who belongs to the same major unit as follows; (b) was subject to a disposition of suspension from office for one month pursuant to Article 56 of the Military Personnel Management Act.

(hereinafter referred to as “instant disposition”). 1. Disciplinary name: Breach of duty to maintain dignity (sexual assault, etc.)

2. From November 29, 2016 to January 4, 2018, a person subject to disciplinary action is a person who is a legal spouse after having been married on June 7, 2008 and performing his/her duties as the director of the division of the division of the division of the group of group 12 in the group of group 8 group 2 in the group of group 8 group 8 group 2 in the group of group 8 group 2 in the group of group 12 group 2 in the group of military units from January 10

According to Articles 26, 27, 35, and 36 of the Framework Act on the Status and Service of Military Personnel, a soldier shall not be subject to private sanctions, such as tata, or abuse his/her authority, nor shall he/she commit sexual harassment, etc., shall not engage in any act, such as sexual harassment, shall respect the personality, reputation, and rights of a person who is a superior, and shall respect and take care of the father'

Nevertheless, a person subject to disciplinary action is a person.

On July 31, 2017, around 21:30, the act of putting the victim's grandchildren that he/she sits in his/her hands at the Esing room located at the beginning of the beginning of the Si on July 21, 2017 makes the victim feel displeasure (hereinafter referred to as "Disciplinary Reason 1");

B. On August 8, 2017, around 22:40 to 24:00, the victim's vehicle parked in the F followed parking lot located in Seocho-si was judged to have a sense of mutual interest, and the victim's hand was sprinked on the victim's bucks, and the victim's hand was sprinked, and the victim sprinked against the victim's hand, and the victim sprinked to the meaning of respect. Dow we can spick. Dow we we we we we we can see that we can dnick. Do we can dw we we we dam.).

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