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(영문) 서울행정법원 2020.01.10 2019구합59592
기소휴직명령처분 무효확인의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The plaintiff served as the head of an association in the Army CJ from November 8, 2012 as B students.

On October 10, 2014, the Army Chief of Staff issued a personnel order ordering the Plaintiff to be dismissed from the assignment of the head of the said association at the position of the head of the said association and to be exclusively assigned to and assigned to the Army Policy Research Officers.

(2) On November 7, 2014, the lower court ordered the Plaintiff to leave of absence on the ground that the Plaintiff was indicted on November 7, 2014.

(1) On December 24, 2014, the Plaintiff was charged with a charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act on the Abuse of Occupational Authority, etc.) by a police officer, etc. on early November 2014, and was charged with a charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. On December 24, 2014, the said court convicted the Plaintiff of the following criminal facts, and sentenced the Plaintiff to a sentence of imprisonment with prison labor for six months.

(Plaintiff was already detained before the indictment as above, and thereafter was transferred to the national armed prison on January 30, 2015. The Plaintiff and the military prosecutor appealed as the High Military Court 2015No48, but the appellate court sentenced the dismissal of appeal on March 31, 2015.

Plaintiff

The prosecutor and the military prosecutor appealed by Supreme Court Decision 2015Do5255, but the Supreme Court sentenced the dismissal of appeal on February 28, 2018.

Accordingly, the above judgment became final and conclusive.

(hereinafter) A criminal case for which a judgment of conviction has become final and conclusive after the aforementioned lapse is referred to as “related criminal case.” The Plaintiff is a person who was working as the head of C intent group from November 8, 2012 to October 9, 2014, and the victim E (nive, 20 years of age) is the victim E (nive, 20 years of age) from August 12, 2014 to the date of C intent.

On August 21, 2014, the Plaintiff had the mind to force the victim to commit indecent acts at his office room located in Bupyeong-gu Incheon, Incheon.

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