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(영문) 의정부지방법원 2018.08.14 2018구합10175
견책처분취소
Text

1. The Defendant’s reprimand disposition against the Plaintiff on August 21, 2017 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Details of the disposition

The plaintiff worked for the Army Co., Ltd., the CCO CCO.

On August 21, 2017, the Defendant issued a disciplinary measure (hereinafter “instant measure”) against the Plaintiff on the ground that the following disciplinary action constitutes a violation of the duty to maintain dignity and a violation of the duty to maintain dignity.

On March 11, 2017, the Plaintiff: (a) served as the head of the relevant team; (b) on the ground that the victim E (hereinafter referred to as “victim”) at the operation of the affiliated team and the office located in Macheon-si around 11:00, he/she assaulted the victim by taking into consideration the victim’s left face one time with his/her drinking hand, etc. (hereinafter referred to as “1 disciplinary ground”); (c) around March 13, 2017, the first executive team around 17:50, the victim delayed in his/her duty to maintain the victim’s dignity on the ground that he/she did not raise the victim’s obligation to maintain the victim’s dignity during his/her work hours, “I wish to prepare for post-work injection, I am me,” and (d) he/she did not pay the victim the victim with the same disciplinary reason as “I do not wish to do so at his/her own time.” (hereinafter referred to as “I do not wish to do so”).

[Ground of recognition] The Plaintiff did not have any dispute, the written evidence Nos. 1 and 2, and the purport of the entire argument as to the legitimacy of the disposition of this case. Thus, the Plaintiff did not have any assault or verbal abuse against the victim. Thus, the instant disposition is unlawful since it was not recognized as a ground for disciplinary action.

The dynamics of the plaintiff who abused discretionary power want to take the front place, the plaintiff has no record of being subject to disciplinary action, and the plaintiff is against it.

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