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(영문) 의정부지방법원 2020.06.09 2019구합11755
징계처분 취소
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. On July 5, 1997, the Plaintiff was assigned to the Army Noncommissioned Officers ( Staff sergeants) and served as the head of the Gun and noncommissioned Officers from December 26, 2017 to September 11, 2018, respectively.

B. On September 5, 2018, the Defendant issued a three-month disciplinary measure against the Plaintiff (hereinafter “instant disciplinary measure”) under the following disciplinary reasons (hereinafter “instant disciplinary measure”).

1. Breach of duty to maintain dignity;

A. Between January 2018 and April 2, 2018, the Defendant expressed that the victim would have expressed his or her desire to “patch” to the victim company D at his or her own Gun and office, or that the victim would have expressed his or her voice due to the victim’s performance of his or her duties.

나. 2018. 2.경부터 6.초순경까지 사이에 소속대 군수과, 소속대 건물 복도 등에서 피해자 하사 E을 만나면 수시로 피해자에게 “씨발년”, “꺼져”, “썅년”, “싸가지 없는 년”이라고 말하였고,

C. From June 13, 2018 to 14:00 on June 13, 2018, the victim lower-ranking families around G cafeteria located in F in the city of selling Sari to Sari, saying “Sari, where, what is, running, or running.”

2. A violation of the duty to maintain dignity.

A. A. Around January 21, 2018, the Plaintiff, even though he was a married person, put the victim E, who sought to drink together, and return to the military unit, with beer, to be beer, and the same year.

1. On 20:35 on 25. 20:35, the victim considered the victim as I and had a defect in meals and contacted the victim, and the same year.

1. 26. 20:34 :

1.28. 28. 09:35 :

1. Around 29:28, at 29:28, the victim demanded either through telephone or Kakakao Stockholm message, or the victim to drinked with Gun;

B. From December 2017, the Plaintiff, even though he was a married person, she drinks alcohol after working hours after the victim’s death D was transferred, or drinked by telephone.

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