logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2018.05.16 2017고단3050
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a social service personnel who serves in B.

Social service personnel shall not desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, from February 22, 2017 to May 22, 2017, the Defendant was absent from office without permission for 24 days in total, such as the list of crimes in the attached Table, and left from office without justifiable grounds.

Summary of Evidence

1. C Legal statement;

1. The written statement of the defendant;

1. A statement concerning the violation of duty of service by the defendant;

1. A written investigation of service conditions;

1. A written investigation of renunciation of service;

1. Application of the statutes of the table of service records in supplemental service;

1. The defendant guilty of subparagraph 1 of Article 89-2 of the Act on the Punishment, etc. of Criminal Crimes (see, e.g., the defendant without the same criminal record, and considering the fact that he is currently under the suspension of execution) of the Military Service Act (see, e.g., Supreme Court Decision 89-2, Jan. 1, 200) that he/she will use sick leave because he

After the permission was sought, the first sick leave was used, and the sick leave was not necessarily required due to a leave due to a disease or injury, and the sick leave was not absent from work without permission. 2) If the body was unable to attend work due to a disease or injury, the sick leave was used after the notice was given in advance. A public official in charge of social service in B did not take any particular measures for the use of sick leave immediately after the Defendant was absent from work, and the Defendant was confirmed to have been absent from work without permission. Therefore, there was no intention to leave from work without permission.

The argument is asserted.

“Justifiable cause” as referred to in the pertinent provision means a cause that can justify the nonperformance of the duty to serve in the society that has been specified, i.e., a cause that is not attributable to a person who left the service, such as a disease, etc. (see Supreme Court Decision 2014Do5132, Jun. 26, 2014). The head of the institution to serve in the social service personnel, where social service personnel cannot perform their duties due to a disease or injury other than official duties, may grant sick leave for the pertinent period.

arrow