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(영문) 서울행정법원 2018.12.20 2018구합52006
전역처분취소
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. The Plaintiff graduated from the Korea Air Force Academy (B), and was on March 1, 1999. Since September 25, 2000, the Plaintiff, a pilot operating the KA-1 war engine, was mainly on duty in the 8th combat aircraft unit of the Air Force Act, and was promoted to Japan on May 1, 2010. From November 25, 2013 to January 11, 2015, the Plaintiff served as the flying commander at the above C Flight Team, from January 12, 2015 to September 29, 2015 to D, D, and from September 30, 2015 to the Ministry of National Defense respectively.

B. The Plaintiff was aware that he/she worked as a flight commander and a flight guard in the same flight belt as the female military pilot F (hereinafter “F”), and had been employed by the Plaintiff, from September 2015 to June 2016, on a total of eight occasions a week, for a total of eight occasions per week. From December 2015 to May 2016, the Plaintiff had sexual intercourses over four times in total at the Plaintiff’s reading house and the Seoul telecom, etc. located in Yeongdeungpo-gu Seoul Metropolitan Government.

(hereinafter referred to as the “instant misconduct”). C. The Plaintiff’s above act is “the instant misconduct.”

On November 28, 2016, the Air Force Chief of Staff, on the ground that the Plaintiff committed the instant misconduct and breached his duty to maintain dignity as a soldier, imposed a three-month disciplinary measure against the Plaintiff on November 28, 2016 (hereinafter “instant disciplinary measure”). D.

On February 9, 2017, the Military Personnel Management Act, Article 37(1) of the Military Personnel Management Act, Article 49(1)4 of the Enforcement Decree of the Military Personnel Management Act, and Article 56(2)1 of the Enforcement Rule of the Military Personnel Management Act, which was held on February 9, 2017, decided that the Plaintiff constitutes “persons who interfere with or damage military dignity by neglecting their personal life,” and decided to discharge the Plaintiff from active service by the committee for examination on discharge from active service held on March 7, 2017, and the Defendant notified the Plaintiff on March 31, 2017 (hereinafter “instant disposition”).

(e).

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