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(영문) 대구고등법원 2019.08.30 2019누2573
징계처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of part of the judgment of the court of first instance as follows. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

Article 2 subparagraph 1 (b) [Attachment 1] of the Enforcement Rule of the Military Personnel Disciplinary Decree (amended by Ordinance of the Ministry of National Defense No. 969, Sept. 20, 2018) of the former Enforcement Rule of the Military Personnel Disciplinary Decree (amended by Ordinance of the Ministry of National Defense No. 969, Sept. 20, 2018) of the 18th sentence of the judgment of the first instance.

The "Enforcement Rule of the Military Personnel Discipline Decree" of the judgment of the court of first instance shall be dismissed as follows.

Detailed criteria for the determination of disciplinary action or the imposition of surcharges for disciplinary action (hereinafter referred to as "Disciplinary action, etc.") under Article 2 (Criteria for Determination of Disciplinary Action, etc.) of the former Enforcement Rule of the Military Personnel Disciplinary Decree (Amended by Ordinance of the Ministry of National Defense No. 969, Sep. 20, 2018) (hereinafter referred to as the "Decree") shall be as follows:

1. Criteria for the determination of disciplinary action;

(a) Where a person subject to disciplinary deliberation is an officer, warrant officer, or noncommissioned officer: Violation of an obligation to maintain dignity, if the degree of flight is serious and intentional, and the degree of flight is serious and serious, or if the degree of flight is insignificant and intentional, the degree of flight is serious, gross negligence, or if the degree of flight is insignificant and the degree of gross negligence is insignificant, or if the degree of flight is insignificant and the degree of gross negligence is weak and the degree of flight is insignificant and the degree of gross negligence is insignificant;

D. From removal to removal from office in violation of other duty to maintain dignity to removal from office, reduction in salary between removal to suspension from office, to reprimand

2. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is justified, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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