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(영문) 수원지방법원 2019.12.12 2019구합61824
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. From July 7, 2010 to April 17, 2016, the Plaintiff served as a major executive officer in the relevant air defense zone from the first half of the B air defense zone to the administrative distribution officer, and from April 18, 2016 to June 21, 2018.

B. On June 17, 2018, noncommissioned Officers C belonging to the above military defense team Co., Ltd. committed suicide, and C left a note that the Plaintiff suffered pain.

C. An investigation was conducted on the suspicion of disciplinary action against the Plaintiff, and the Defendant requested a disciplinary action on August 1, 2018 on the facts of disciplinary action stated in attached Form 1 (hereinafter “matters of disciplinary action”), and subsequently, on September 7, 2018, issued a three-month disciplinary measure against the Plaintiff on September 7, 2018.

(hereinafter referred to as "the above disciplinary action" is referred to as "the disposition of this case".

The Plaintiff filed an appeal against the instant disposition, but the Ground Operations Commander decided to dismiss the appeal on January 14, 2019. However, the disciplinary action under paragraph (3) was changed to a violation of the duty to maintain the dignity of the disciplinary person under paragraph (3).

E. Details of the main statutes and regulations related to the instant case are as stated in the attached Form 2-related statutes.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence Nos. 4 through 11, 27 (including additional numbers), the purport of the whole pleadings

2. The instant disposition should be revoked on the following grounds: (a) the Plaintiff’s assertion is unlawful.

The plaintiff did not perform the words stated in the facts subject to disciplinary action.

B. Even if a person conducted the same speech as the facts subject to disciplinary action, such speech does not constitute grounds for disciplinary action due to infringing the other party’s character.

C. Paragraph 1 of Article 1 of the facts subject to disciplinary action was limited to the statute of limitations.

① Facts No. 1. A

1) In relation to paragraph (1), if there is a fact that the term “I am out of active service” is called “I am,” the time, which is the person who made the statement, is unclear at around 2015, and thus, the period of prescription has to be deemed to have lapsed, and paragraph (1) and (2) of the facts subject to disciplinary action.

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