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(영문) 전주지방법원 2019.02.13 2018구합1722
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. The Plaintiff was discharged from active service on August 9, 2004, subject to a noncommissioned Officer’s noncommissioned Officer’s exemption from active service by the Military Service Review Committee of the Army Headquarters on the date of his transfer to the Army on August 1, 2005. From May 27, 2015, the Plaintiff served in the Army 35 Assistant Soldiers; and on July 8, 2018, the Plaintiff was discharged from active service.

B. On April 12, 2018, the Defendant issued a three-month disciplinary measure against the Plaintiff for the following reasons (hereinafter “instant disposition”).

Grounds for Disciplinary Action

1. On March 21, 2017, the Plaintiff was a spouse who is obligated to perform his/her duty of good faith, and entered a telecom with “B” and Simsan City located in Gun and Simsan on March 21, 2017, and suggested that C would not pay money to the Plaintiff, and that C would not pay money to the Plaintiff and have a match relationship.

Accordingly, the Plaintiff violated the duty to maintain dignity by committing unlawful acts, such as attempting to engage in a sex relationship outside of wedlock.

(2) On August 2, 2017, the Plaintiff, who violated the duty to maintain dignity (hereinafter “Disciplinary Reason 1”) on the grounds that he/she was a criminal suspect under investigation due to the suspicion described in the foregoing paragraph (1), committed sexual traffic attempted to engage in sexual traffic on August 27, 2017, when he/she was dispatched to a "B, E, and 300,000 won unit located in a wooden line for the purpose of maintaining the security, by promising to engage in sexual traffic to engage in sexual traffic. On the same day, he/she moved together to a wooden line located in a wooden line at around 19: (a) was arrested by the police who was called for sexual intercourse at the same time; and (b) was arrested by the police

(hereinafter “Disciplinary Reason 2”). (c)

The Plaintiff appealed against the above disciplinary action on April 17, 2018, and the Appeal Review Committee mitigated the disciplinary action against the Plaintiff from three months to one month on May 16, 2018.

(hereinafter referred to as "instant disposition") disciplinary action on April 12, 2018, which was mitigated to one month of suspension, (hereinafter referred to as "the ground for recognition") . [The fact that there is no dispute, and (b) Articles 8 and 8.

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