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(영문) 대전고등법원 2018.03.28 2017누12436
징계처분취소
Text

1. Of the instant lawsuit, the part of the selective claims added by the Plaintiff in this court is dismissed.

2. The plaintiff's appeal is filed.

Reasons

1. The reasoning of the court’s explanation as to this case is as follows. Thus, the court’s explanation as to this case is consistent with the reasoning of the judgment of the first instance, except for partial dismissal or addition as follows. Thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article

(1) The court of first instance, which rejected the Plaintiff’s assertion, did not significantly differ from the contents of the Plaintiff’s assertion in the first instance trial while filing an appeal. However, even if the evidence submitted in the first instance trial and the evidence additionally submitted in this court are examined, the court of first instance, which rejected the Plaintiff’s assertion, shall have determined that “the instant disposition (hereinafter “instant disposition”) was taken against the Plaintiff on January 6, 2016, which was written or added on February 2, 201.”

No. 14 and 15 of the judgment of the first instance court "the instant disposition" was added to "the instant disposition or the instant disposition was taken on February 29, 2016".

The following shall be added to the 16th sentence following the 9th sentence of the first instance court, the 17th sentence "(1)" shall be read as "(2)", and the 12th sentence "(2)" as "(3)".

“1 As seen earlier, the Defendant was subject to the instant lawsuit on January 6, 2016, and was subject to a seven-day disciplinary measure against the Plaintiff. On February 29, 2016, the Ministry of National Defense changed the appeal review committee to a seven-day disciplinary measure against the Plaintiff, which was subject to a seven-day disciplinary measure against the Plaintiff.

In addition, Article 76 of the former Army Regulation provides that the person having authority to take a disciplinary action who is notified of the reduction, cancellation, or suspension of the initial disciplinary action from the person having authority to take a disciplinary action shall implement it without delay, and the person having authority to take a disciplinary action should issue an order when the invalidation (e.g. revocation) or corrective mitigation of the initial disciplinary action is made retroactively to the date of the initial disciplinary action.

The term "" is defined as ".

Gap evidence 27, Eul evidence 14.

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