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(영문) 서울중앙지방법원 2019.07.23 2018가단5201026
손해배상(기)
Text

1. The Defendant shall pay KRW 7 million to the Plaintiff the Plaintiff 5% per annum from August 1, 2018 to July 23, 2019, and the next day.

Reasons

1. The plaintiff was in the Army as Second Lieutenant on July 1, 1997 and was promoted to the Major Order on November 1, 2009, and served as a officer in charge of the education and training plan for the Reserve Forces Operations Center from March 3, 2014.

8. On November 22, 2015, it was selected as a person scheduled for the first-class promotion ( November 1, 2015 scheduled date of the first-class promotion).

On September 2, 2014, around 22:30 on September 2, 2014, two staff members, who participated in the “training for the Action Guidelines of Prisoners of War” implemented at the Posium B, died of the quality due to respiratory distress. When the instant accident occurred, six other students, who suffered injury, such as stress risk group, the prosecutor of the Department of General Prosecution of the Army Headquarters, along with the school officers on October 21, 2014, prosecuted the Plaintiff as occupational death, etc., and on February 27, 2015, the Plaintiff was convicted of a fine of KRW 1.5 million at the general military court at the Army Headquarters of the Army on February 27, 2015.

(1) The Army Chief of Staff shall announce the list of persons selected by the committee for selection of officers eligible for promotion to the Armed Forces on April 16, 2015, to the Minister of National Defense on the order of appointment according to the order of vacancy, unless the person having authority for recommendation, proposal, or promotion revokes such list, and shall order the person having authority for promotion to be promoted to be promoted to be promoted from time to time according to the order of appointment according to vacancy, whenever there is a vacancy.

(2) If there occurs a cause not to be promoted even if a person has been made public pursuant to paragraph (1) but before the order of promotion, the person having authority for promotion may remove such person from the list of candidates for promotion.

(1) "Grounds for not being promoted before an order of promotion is issued" in Article 31 (2) of the Act means any of the following cases:

1. Where he/she is prosecuted to a military court (excluding cases where a summary order has been requested): Provided, That a person who has received a judgment of not guilty shall be promoted according to the scheduled promotion, and shall be ordered at the first time of promotion after the date on which the scheduled date of promotion becomes final

"A ground on which the plaintiff is prosecuted to the military court" as prescribed in paragraph (1).

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