1. The plaintiff's claim is dismissed.

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

Details of the disposition

From October 1, 2015 to September 26, 2017, the Plaintiff served as a mid-term commander at the first rank of the 36th Assistant Soldiers Group B of the Army, and from September 27, 2017 to the first rank group of the same joint and several groups.

On January 26, 2018, the defendant was subject to one month of suspension from office under Article 56 of the Military Personnel Management Act for the following reasons.

【Facts Subject to Disciplinary Action】

1. On July 5, 2017, the Plaintiff, among the mobilization training conducted at the mobilization training site located in Gangwon-si, Gangwon-si, Gangwon-si, Gangwon-do, from July 4, 2017 to July 6, 2017, was in charge of the small training conducted in D 1km away from 1km from his/her share of the reserve forces on July 5, 2017.

On July 5, 2017, when completing training on July 23:45, 2017, four reserve forces (E, F, G, and H) are waiting in D, because the number of persons are not thoroughly identified at the time of their return, and the said four reserve forces were waiting in D, on July 6, 2017.

2. Around 18:40 on July 13, 2017, the Plaintiff, who violated a duty to maintain dignity, was gathered with the J, the fourth-class captain K, the mobilization resources management officer L, and 2.4 million won on the condition that he/she did not file a civil petition from L, he/she heard that the Plaintiff agreed to the above 4 reserve forces and the total amount of 2.4 million won on the condition that he/she did not file a civil petition from L, and deposited KRW 1,00,000 as of August 7, 2017, and KRW 30,000,000 as of October 22, 2017 into L account.

Accordingly, the Plaintiff violated the duty to maintain dignity by attending the payment of money to the reserve forces on the condition that the Plaintiff did not file a civil petition for the misconduct described in the above 1.1.

C. The Plaintiff dissatisfied with the instant disposition, and filed an appeal on February 22, 2018. On May 17, 2018, the 1st Army Commander reduced one month from the foregoing suspension from office as one month on May 17, 2018.

The defendant's disciplinary action on January 26, 2018, which was mitigated for 1 month of salary reduction, is the case.