1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

On March 1, 200, the Plaintiff served as the Second Lieutenant, and served as the military police officer of the BJ from October 24, 2017.

On April 11, 2018, the Defendant issued a disciplinary action for one month of suspension from office (hereinafter “instant disposition”) pursuant to Article 56 of the Military Personnel Management Act on the ground that the Plaintiff violated his/her duty to maintain dignity (such as language violence) and the duty to maintain good faith (the abuse of authority) as stated in attached Table 1.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the entire argument as to the legitimacy of the disposition in this case as to the language violence of the plaintiff's assertion as to whether the disposition in this case is legitimate, the content of the facts subject to disciplinary action cannot be deemed as "bombs, abusives, and non-human speech that read personality" in itself, and even if considering the motive of the action, situation, atmosphere, etc., it cannot be deemed as the extent that the other party's self-esteem and mental shock may interfere with normal military life by causing harm to normal military life.

In the case of disciplinary reasons 1-5 and 11, there were different parts from facts, and the circumstances at the time were to the extent that it does not deviate from the common sense of society.

With respect to abuse of authority by another person, most of the grounds for disciplinary action may not be deemed abuse of authority because they fall under one's own request or have been proposed first by the victims.

The grounds for the disciplinary action of this case, which deviates from discretion and abuse, are merely the fact that the plaintiff's improper behavior is involved, and the disciplinary action of suspension falling under the heavy disciplinary action is illegal as it deviates from and abused discretion due to excessive disciplinary action.

Attached Form 2 of the relevant Acts and subordinate statutes shall be as follows.

Judgment

The written evidence Nos. 1-1, 4, and 7 (C/C photographs related to the existence of the facts subject to disciplinary action) No. 12 and 13 (including paper numbers; hereinafter the same shall apply) shall be written.