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 December 17, 198, the Plaintiff completed the Korea Army Academy at First Instance on December 17, 1988, and served as a second officer, and promoted to the Second Lieutenant on November 1, 2006. From June 9, 2015 to July 28, 2016, the Plaintiff served as the head of BBP Joint and Several Officers.
B. On September 13, 2016, the Company B Disciplinary Committee (hereinafter “instant Disciplinary Committee”) passed a resolution on one month of suspension from office against the Plaintiff on the grounds that the following disciplinary grounds (hereinafter “each of the instant disciplinary grounds”) constituted a violation of statutory obligation, a violation of good faith, or a violation of good faith to maintain dignity, and accordingly, the Defendant was subject to a disciplinary measure of one month suspension from office against the Plaintiff on September 23, 2016 (hereinafter “instant disciplinary measure”).
According to Article 16 of the former Code of Conduct for Public Officials (amended by Presidential Decree No. 27518, Sep. 27, 2016; hereinafter the same shall apply), no public official shall borrow or lend money to a person related to his/her duties or a public official related to his/her duties.
On October 27, 2015, the Plaintiff borrowed KRW 3,00,000 on the ground that the personal money needs to be paid by phone call to the subordinate Captain D. On October 29, 2015, the Plaintiff borrowed KRW 5,000,000 under the same name by lending the subordinate Captain E to a ledger office on October 29, 2015, and borrowed KRW 1,000,000 under the same name from the subordinate Major F on November 13, 2015. Around May 2015, the Plaintiff borrowed KRW 1,00,000 from the affiliated company G under the same name as that of the subordinate company G, and borrowed KRW 6,50,000 from the Captain on July 2015.
Accordingly, the Plaintiff breached its duty to comply with the law.
(2) On April 22, 2016, the Plaintiff violated the duty of good faith by ordering a subordinate captain I to have his/her purchase of a golf white paper from his/her port of Busan City, with his/her purchase on the part of Busan City, for a period of three days from April 22, 2016.
(c).