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(영문) 대전지방법원 2017.05.25 2016구합101876
정직처분취소
Text

1. The Defendant’s disposition of suspension from office against the Plaintiff on October 28, 2015 is revoked for three months.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. From February 2, 2015 to September 24, 2015, the Plaintiff is a person who served as the Vice-General (C military training cooperation head) of B (C military training cooperation head).

B. On October 28, 2015, the Defendant issued a three-month disciplinary measure of suspension from office for the following reasons to the Plaintiff (hereinafter “instant disciplinary measure”).

1. According to Articles 12 and 23 of the Military Service Rule, a soldier shall not obey an order of his/her superior and leave his/her workplace without permission. In particular, from the Joint Chiefs of Staff on February 27, 2015, the Joint Chiefs of Staff issued an instruction of the "Guidelines for the Reinforcement of the Preparation against Military Force against the Present Situation" to minimize outdoor activities (including civilian military operations) not necessary, and after approval for the Joint Chiefs of Staff, to minimize outdoor activities (including civilian military operations) not necessary, and to implement the Guidelines after approval for the Joint Chiefs of Staff." On June 9, 2015, a soldier issued instructions of the "Guidelines for the Preparation against External Activities and Contact Persons other than Basic Duties" through the "Guidelines for the Round related to the Joint Chiefs of Staff (No. 5)".

8. On April 2015 to August 2015, the Joint Chiefs of Staff and the head of the civilian military operations division issued a warning regarding voluntary withdrawals, etc., but violated the duty to refrain from leaving the workplace at least 15 times without permission, and violate the duty to obey the order, as well as failing to comply with the order, on the grounds that personal shopping was carried out or working-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level

2. According to Article 7 of the Military Service Rule, a soldier shall not be negligent in performing his/her duties, and even if he/she complies with any risk or difficulty in performing his/her duties, he/she shall faithfully perform his/her duties without avoidance, and as the main duties of the C Military Training Cooperation Group are supported by combined training with C Armed Forces and education and training for C Armed, a commander shall take precedence over other duties.

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