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(영문) 인천지방법원 2018.03.29 2017구합51086
정직처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. A. Around July 1994, the Plaintiff served as a staff member and served as a noncommissioned officer, and was on November 1, 2009 as a quasi-ranking officer. From September 17, 2015 to September 3, 2015, the Plaintiff served as the head of the maintenance team at the 3rd C Improvement Team.

B. On June 28, 2016, the Defendant rendered three-month disciplinary action against the Plaintiff on the grounds that the Plaintiff’s grounds for disciplinary action are recognized as follows, following the deliberation and resolution by the disciplinary committee.

Pursuant to Article 120 of the Military Life Rules 120, the executive members shall use a mutually hive horse, and shall not use the other party a language or language that may be affected by bad language, verbal abuse, abusive language, bathing, personality hysium, personality hysium, language, etc.

Nevertheless, at around 09:00 on the date of December 2, 2015, the Plaintiff made verbal abuse, “I am unable to comply with the instructions of the head of the Ban, or why I am under stress due to the operation of the head of the Ban, or why I am under great dump if I am dump without my mind,” on the ground that a member of the C-Maintenance Team, to which he belongs, does not listen to his instructions.” At the C-Maintenance Team office around the date of the C-Maintenance Team office around 2015, the Plaintiff said, “I am dump D, which is the C-Maintenance Team, the C-Maintenance Team, the C-Maintenance Team’s leader, and there is no concept of “I am hump?h?h?h?h?h?h?h? it should be said that I am h’t you am humbly h?h?h?h?h?h?t we am.

Accordingly, the Plaintiff violated the duty to maintain dignity by exercising language violence.

(hereinafter referred to as "reason 1"). In accordance with Article 14 of the Military Service Rule, a soldier shall not abuse his/her authority in any case.

Nevertheless, the person subject to the disposition shall instruct the C-Maintenance Ra, the Detectioner, the C-Maintenance at the C-Maintenance Team, to conduct the interim examination and the final examination at the university he attends.

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