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(영문) 서울행정법원 2020.07.17 2019구합75129
감봉처분취소
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. On November 26, 2017, the Plaintiff was a soldier who moved into the Army Defense Headquarters B and worked as B commander, and was inspected and investigated by the Military Police Office of the Army Headquarters on August 12, 2018, and was assigned and dismissed on August 16, 2018.

On September 13, 2018, the Defendant made a request for a disciplinary decision against the Plaintiff. On September 18, 2018, the Water Defense Headquarters Disciplinary Committee recognized the following suspicion (hereinafter “the grounds”), and resolved on January of salary reduction. On September 20, 2018, the Defendant rendered a disciplinary action for one month of salary reduction (hereinafter “instant disciplinary action”).

1. In accordance with Article 26 of the Framework Act on the Status and Service of Military Personnel (hereinafter “Framework Act on Military Service”), a soldier shall not, in any case, engage in verbal abuse, and pursuant to Article 17(3) and (4) of the Regulations on Military Life (hereinafter “Rules 120”) of the Army Regulations, a soldier shall not engage in any and all verbal violence, such as bad language, abusive language, abusive language, and character and Monobation.

Nevertheless, persons subject to disciplinary action,

A. On April 2018, on the ground that the early enforcement of the Military Manpower Hospital was sent out to the Armed Forces Capital Hospital without a significant leading director, the first instance judgment was readily concealed to C Captain, and “a person without any punishment,” and the first instance judgment was rendered as “a person with no punishment.”

B. Around the beginning of June 2018, D Captain violated its duty to maintain dignity by verbal violence, on the ground that D Captain’s duty is not well-grounded and does not properly perform the instructions, on the meeting place, on the ground that D Captain’s duty is “whether he or she is not the head or not, or not he or she does not refuse to do so.”

2. No soldier shall abuse his/her authority in any case pursuant to Article 26 of the Framework Act on Military Service, in any case.

Nevertheless, persons subject to disciplinary action,

A. From January to April, 2018, D Captain has delayed and returned to the sick Leave.

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