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(영문) 대구지방법원 2020.05.27 2019구합24819
견책처분취소
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. From August 21, 2014 to December 31, 2018, the Plaintiff served as an organization organization officer in the two groups C&C (hereinafter “instant unit”).

The written disciplinary action (Evidence A No. 8) states that "the plaintiff had worked as a mobilization management officer from the fourth unit of B Group C Co., Ltd from August 21, 2014 to December 31, 2018." However, according to the records of this case, the above entry appears to be a clerical error.

B. On September 17, 2018, a suicide and death of a sergeant D (hereinafter “the instant death”) who was mobilized and serving as an administrative soldier (hereinafter “the deceased”).

C. A military police officer of the BS and a general prosecutor’s office found the facts of suspicion against the Plaintiff while investigating the instant death accident. Accordingly, the Defendant, following the disciplinary committee on April 29, 2019, issued a disciplinary measure for one month of salary reduction to the Plaintiff pursuant to Article 56 of the Military Personnel Management Act (Article 37 of the Act on the Management of Civilian Personnel in the Military Service) on the ground that he/she has breached faithfully his/her duties (limited to negligence of duties) and has breached his/her duty to maintain dignity as stated below.

1. A person subject to disciplinary action for breach of good faith is an organized organized officer at the time of the suspected charge, who has a duty to faithfully prepare, implement, and arrange the overall preparation and implementation of vocational training conducted by him/her in exclusive charge pursuant to Article 21 of the Framework Act on the Status and Service of Military Personnel.

Nevertheless, when a person subject to disciplinary action was assigned other duties at the time of the first supplementary training in the latter half of September 17, 2018 and “the preparation for comprehensive and payment of compensation for the reserve forces” (hereinafter “instant work”), the person subject to disciplinary action did not take appropriate measures, such as business allocation and mediation recommendation, appointment of executive officers in lieu of the pertinent work, etc., and did not entirely transfer the pertinent work to three administrative soldiers, such as the deceased, etc., and instead of taking three million won.

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