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(영문) 춘천지방법원 2019.04.09 2018구합52011
감봉처분취소
Text

1. The Defendant’s imposition of a surcharge imposed on March 26, 2018 by the Plaintiff shall be revoked.

2. The plaintiff's remainder.

Reasons

1. Details of the disposition;

A. On December 15, 1990, the Plaintiff was appointed as a Army officer, and was employed as a Joint Chiefs from April 1, 2016 to January 1, 2017.

B. On March 26, 2018, the Defendant imposed a disciplinary measure against the Plaintiff for the period of March of salary reduction (hereinafter “instant measure”) on the Plaintiff on the following grounds, and imposed a disciplinary surcharge of KRW 53,750 (hereinafter “instant disciplinary surcharge”).

On November 9, 2016, violation of the duty to maintain dignity (sexual assault, etc.) (hereinafter referred to as the "Disciplinary Reason No. 1") (hereinafter referred to as the "Disciplinary Reason No. 1"), around November 21, 2016, he/she caused CHas to feel sexual humiliation on one occasion, as he/she saw the left side of the bus with his/her own care.

B. On November 9, 2016, around 21:00 to 21:30 on the violation of the duty to maintain dignity (sexual assault, etc.) (hereinafter “Disciplinary Reason No. 2”), left from the buses listed in the above paragraph (a) and, at the location of Kimpo-si, Kimpo-si located near the Drown-si located in Kimpo-si, led Hapo-si C to a distance of about 5-10 meters away by her own hand from the entrance of the first floor of the building located in the singing room at Kimpo-si.

C. On November 9, 2016, around 21:30 of violation of the duty to maintain dignity (hereinafter “Disciplinary Reason No. 3”), ten members of the unit belonging to the competent military unit, return to the military unit using the neighboring auxiliary vehicle, and the head officer E, etc., and three members of the main officer E, etc. and the head of the competent military unit were allowed to enjoy entertainment for about one hour to 30 minutes.

The State executives and employees, who are related to their duties, were provided with entertainment equivalent to approximately KRW 53,750,00 from the main executives E, small class F, etc., by taking advantage of the date, time, place, and place of the violation of the duty of integrity (general money, goods, and entertainment) (hereinafter “Disciplinary Reason 4”) (hereinafter “Disciplinary Reason 4”), and using singing and singing singing.

E. Violation of statutory obligation (violation of obligation related to performance of duties) (hereinafter “Disciplinary Reason No. 5”) is assigned to the affiliated executive restaurant in June 2016.

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