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(영문) 서울고등법원 2019.11.28 2019누40392
징계처분 취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts that there is no dispute over the disposition of the instant case (based on recognition), Gap evidence Nos. 9, 11, 12, Eul evidence Nos. 2, 3, 5, and 7, and the purport of the whole pleadings;

A. The Plaintiff served as the leader of B’s C Center D from January 1, 2016 to September 2017, as the Army Lieutenant in charge of computer work.

From September 14, 2016 to September 18, 2016, the organization presumed to be North Korea caused accidents involving taking large amounts of military data using contact points between the national defense network managed by C Center and the Internet network.

(hereinafter “instant hacking incident”). B.

On July 12, 2017, the Ministry of National Defense deliberated on the disciplinary action of salary reduction for three months pursuant to Article 56 of the Military Personnel Management Act on the ground that the Plaintiff neglected to perform his/her duties as the director of C Center D and examined the facts subject to the disciplinary action of this case, and recognized the disciplinary action of this case, and the disciplinary action of this case constitutes a violation of good faith (violation of command and supervision).

On July 18, 2017, the Defendant issued a disciplinary measure against the Plaintiff for three months of salary reduction as the result of the above sentence.

(hereinafter “instant disposition”). C.

The Plaintiff appealed against the instant disposition on July 27, 2017.

On August 22, 2018, the Ministry of National Defense dismissed the Plaintiff’s appeal on the grounds that the Plaintiff failed to perform his/her obligations as a supply inspection officer on the attached Form 1, 2-a, 2-b (b) except for the disciplinary actions in the attached Form 1 (hereinafter referred to as “instant disciplinary action”).

2. The details of the relevant statutes are as shown in attached Form 2;

3. Whether the instant disposition is lawful

A. The facts of recognition [based on recognition] Each entry of Gap evidence Nos. 18 to 20, Eul evidence Nos. 4 to 6, 8, and 10 (including each number; hereinafter the same shall apply), creation of the entire purport of the pleading 1 B and logical and physical network confusion ① Ministry of National Defense and military units or units under the direct control of the Ministry of National Defense, and Defense Acquisition Program Administration.

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