(영문) 수원지방법원 2015.04.16 2014구합55312

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(영문) 수원지방법원 2015.04.16 2014구합55312

징계처분취소

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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. On June 29, 1983, the Plaintiff entered a military police officer as a staff member, and was appointed as a warrant officer on November 1, 200, and served as the head of the investigation team and the head of the investigation team (the investigative team) of the Army Team from April 19, 2010.

B. On March 24, 2014, the Defendant was subject to disciplinary action against the Plaintiff on the ground that the Plaintiff violated the duty to comply with the law (any other duty violation) as follows.

(2) On January 16, 2014, the Plaintiff, as the head of the investigation team and the head of the investigation team, knew of the loss of a warrant of arrest against a person who has been deprived of military duty, on January 16, 2014. On January 16, 2014, the Defendant reported that the warrant of arrest against a person who has been deprived of military duty had been withdrawn from the police team at around 13:30 on the same day, ordered CJ to make a false report to CJ on the fact that he had been found within the military police team, and tried to reduce or abolish the loss of the warrant of arrest while reporting the warrant of arrest to the head of the investigation division.

Accordingly, the plaintiff violated the obligation to comply with the law.

C. The Plaintiff appealed against the above reprimand and appealed to the 3th Army Commander, the head of the superior military unit, but was dismissed on April 28, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserts that the disposition of this case is unlawful for the following reasons.

1. The non-existence of the grounds for disposition is not the head of the team in charge of the military affairs escape case at issue in this case, and there is no duty to investigate the suspect or to report his duties.

However, when the plaintiff became aware of the loss of a warrant of arrest against the suspect who has immediately escaped from military service, he shall listen to the finding of the warrant of arrest in the police district unit and inform the Ministry of Justice of the fact as soon as possible and inform him of the fact that the warrant of arrest should be issued. C., the officer in charge of military service.

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