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(영문) 부산지방법원 2017.09.08 2017구합21051
징계처분취소
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. The Plaintiff was appointed as an officer on March 1, 2008 and was on duty as captain around 2016.

B. On March 11, 2016, the Defendant dismissed the Plaintiff pursuant to Article 56 of the Military Personnel Management Act on the grounds as indicated below.

- Admony office -

1. Although the Plaintiff violated the duty of obeying orders (other orders) allowed an association to refrain from excessive drinking so that the Plaintiff could refrain from making excessive drinking, the Plaintiff failed to comply with the instructions of the superior unit by making the higher level of the Plaintiff, along with the First Lieutenant C, etc., after training at harsh training on February 19, 2016.

2. The Plaintiff, from November 2015 to February 2016, was in charge of the drinking recognization and the duty to maintain dignity, and the Plaintiff promoted an excessive drinking atmosphere without fulfilling the duty to direct and supervise as a commander.

3. On November 18, 2015, the Plaintiff: (a) was a spouse; (b) observed a military personnel, such as having knicked with the first C, having knicked with the first C, or having knicked into a stone fence; (c) on February 19, 2016, the Plaintiff dnicked with the second C, and kidddddddddddddddddddddddddd with the second C at the Epp on the Ep on February 19, 2016; and (d) thereafter, flicked into the Fel with the latter.

4. Violation of the law (other) even though the Plaintiff should refer to the name, rank, and position of the soldiers pursuant to Article 18(1) of the 120 Military Life Prevention and Treatment Regulations and Article 42-7 subparag. 1 and 2 of the 120 Military Life Prevention and Handling Regulations, the Plaintiff failed to comply with the above paragraphs (2) and (3) even though the entrance should not be opened when there is an administrative team, etc. together with the middle-class C, while the entrance should be opened when the disease was left in the office. However, even though there is a prohibition of individual drinking places and unnecessary physical contact after the opening of the door, the Plaintiff did not comply with the above paragraphs.

5. The Plaintiff who breached his/her duty to maintain dignity (language violence) shall be subject to computerized soldiers G around February 2016.

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