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(영문) 의정부지방법원 2018.01.16 2016구합10140
징계처분취소
Text

1. Of the instant lawsuit, the part requesting the cancellation of a prior assignment, dismissal, and cancellation of a disposition, which was March 11, 2016, shall be dismissed.

2. The plaintiff's remainder.

Reasons

1. Details of the disposition;

A. On March 1, 2010, the Plaintiff was so-called the Army, and was promoted to Captain on December 1, 2013, and served as the 36th group B commander from December 10, 2015 to December 10, 2015.

B. (1) On March 21, 2016, the Deliberation Committee on Removal of Assignment provides that the Plaintiff shall be subject to the appointment and dismissal of the Plaintiff’s attached Form 1 (hereinafter “instant grounds for dismissal”)

(2) After deliberation, the Plaintiff’s appeal was submitted to the Central Military Personnel Review Committee on October 24, 2016. However, on January 23, 2017, the said Committee dismissed the cancellation of the assignment of a position among the appeals, and dismissed the part of the revocation of the assignment of a position.

C. (1) On June 9, 2016, upon the resolution of the Disciplinary Committee, the Defendant imposed a disciplinary measure against the Plaintiff for three months of suspension due to his/her duty to maintain dignity (definite violence) and his/her duty to obey (definite insult) pursuant to Article 56 of the Military Personnel Management Act. The facts subject to the disciplinary measure are as shown in attached Table 2; 2) The Plaintiff dissatisfied with the disciplinary measure and appealed to the Disciplinary Appeal Committee on July 6, 2016, and the said Committee decided to reduce the suspension for three months of suspension, taking into account the fact that the Plaintiff only recognized the grounds specified in paragraph (1) (hereinafter “the instant disciplinary measure”), among the facts subject to the disciplinary measure (attached Form 2), and agreed with the victims.

(hereinafter referred to as “instant disciplinary action” which was mitigated for three months of reduction of salary, as of June 9, 2016. 【Grounds for Recognition】 Facts without any dispute, Gap’s entries in Gap’s Nos. 1, 2, 10, 15, 19, Eul’s No. 14, 15, 16, 20, 21 (if any, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The entry is as shown in the relevant Acts and subordinate statutes.

3. As to the assignment, dismissal and disposition on March 11, 2016

A. On March 11, 2016, the Defendant’s summary of the Plaintiff’s assertion falls under the case where “the Plaintiff is subject to a prior disposition of dismissal prior to the decision of the Deliberation Committee on Removal of Assignment.”

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