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(영문) 대전지방법원 2018.04.27 2017구합102845
징계처분취소
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. The Plaintiff is a superior officer, who works in the military police unit of the 20 Aeronautical Flight Team of the Air Force No. 20 Air Force.

B. On January 9, 2017, the Defendant issued a disposition of suspension from office for the Plaintiff on the ground that the Plaintiff committed an unlawful act, such as violation of the duty of prohibition of private sanctions (Assault and verbal abuse), as shown in attached Table 1, and the Plaintiff appealed against the disposition, but the Appeal Board dismissed the Plaintiff’s appeal on March 2, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, the purport of the whole pleadings

2. The assertion and judgment

A. The instant disposition should be revoked on the ground that the Plaintiff’s assertion is unlawful.

1) The grounds for disciplinary action that the Plaintiff was unable to obtain sufficient defense, such as the right to assistance of counsel in the disciplinary procedure are distorted or distorted. 2) The Plaintiff was subject to investigation as to whether it falls under the criteria for a lower-ranking person in active duty service due to the Defendant’s heavy disciplinary action, which led to minor humiliation and assault against a lower-ranking person who violated his duty as a soldier, and the degree of animal abuse is minor, and the Plaintiff’s pre-paid person is seeking the Plaintiff’s preference. In light of the above, the instant disposition is excessive to abuse of discretionary power.

(b) Attached Form 2 of the relevant statutes;

C. The plaintiff in a judgment on the first disciplinary procedure has the right to appoint an attorney-at-law as his/her agent in the disciplinary procedure and exercise his/her right to defense, but it cannot be said that he/she was not immediately guaranteed the plaintiff's right to defense. Rather, according to the evidence No. 3, the defendant provided sufficient opportunity to present his/her opinion by receiving the plaintiff's statement about each disciplinary cause against the plaintiff, and the plaintiff against the defendant.

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