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(영문) 서울중앙지방법원 2013.06.14 2012가합534948
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B (hereinafter referred to as “B”) at the time, D, which was C, is rapidly friendly with E, and, in particular, after receiving a report that he/she discussed the transition problem of B, ordered the commander of the Army Security Headquarters at the time of receipt of the report that he/she had discussed the transition problem of B (hereinafter referred to as the “Safety Command”) to investigate his/her suspicion of colona.

The first main investigation was whether the entity of the private organization in the military and its incidental thereto was the mother of the military coupa, but later, it was related to the corruption of D and its neighboring personnel inside and outside the military, and 10 military personnel were detained as a result of the investigation, 30 military personnel were discharged, and 30 personnel of the Central Information Department were discharged.

B. On March 4, 1970, the Plaintiff, who had served as F as the Presidential Decree of the Army, was committed to the Security Investigation Office for 40 days without due process, and was committed to the Security Investigation Office for 40 days. On April 4, 1974, the Plaintiff prepared an application for discharge from active service against the will on April 11, 1973, and was ultimately subject to a disposition of discharge from active service (commissioned Officer) as the Ordinance of the Ministry of National Defense No. 272 on April 11, 1973.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 3, 6, and 8 (if there are virtual numbers, including each number), the purport of the whole pleadings

2. The plaintiff's assertion that the plaintiff filed an application for discharge from active service by force of security investigator investigators, and the discharge from active service against the plaintiff is unlawful and invalid.

Therefore, the Defendant is liable for compensating the Plaintiff for damages caused by illegal discharge from military service. Since the Plaintiff was scheduled to receive the second-grade rank at the time, the Plaintiff was able to receive the Plaintiff from the date of discharge until the end of the month following the month when he reached the age of 53, the retirement age of the second-grade rank from the date of discharge from military service (in accordance with the salary class 1, the salary of the second-grade rank from May to December 1973, the amount of KRW 63,720,00 and KRW 163,720,700 in total, as well as KRW 163,720,700 in compensation.

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