logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원(춘천) 2019.10.30 2018누1546
견책처분취소
Text

1. Revocation of the first instance judgment.

2. The Defendant’s reprimand disposition against the Plaintiff on September 11, 2017 shall be revoked.

3. Action.

Reasons

1. Of the reasoning of the judgment of the court of first instance which partly accepted the part of the reasoning of the judgment, “1. A. The Plaintiff’s assertion”, “B. related provisions”, and “B.” as to the procedural defect claim is identical to the corresponding part of the judgment of the court of first instance (Articles 2 through 9 and 11 through 15) except for the partial revision or addition of the following. Thus, it is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

In the second half of the judgment of the first instance, "On the other hand, the said Disciplinary Committee was present as a member by Captain C" shall be amended to "On the other hand, the said Disciplinary Committee was present by Captain C, 5 civilian employees F and Grade V civilian employees G to each member."

The following details shall be added between 3rd and 11 in the judgment of the first instance:

In addition, even if it is assumed that the Plaintiff, as alleged by the Defendant, was appointed as a general civilian employee only on August 21, 2014, and that the Plaintiff was treated as being a middle-ranking employee, not on subrogation, for the lapse of four years from September 11, 2017, when the instant disciplinary committee was held on September 11, 2017, the Plaintiff was considered to have been appointed as a general civilian employee, i.e., Class 5 civilian employee F, and G, who was appointed as a general civilian employee at the meeting of the instant disciplinary committee, and was appointed as a general civilian employee on August 21, 2014 as the Plaintiff. Therefore, the said person does not constitute a public official with higher rank than the Plaintiff. Accordingly, the instant disposition does not constitute a public official with higher rank. “Determination on the procedural defect” in Part 13 of the first instance judgment of the first instance court, “.. Whether the Captain C or E disciplinary committee is unlawful to be present at the Committee for Review or

The 11th of the first instance judgment shall be amended to 21th of the first instance judgment as follows:

Enforcement Decree of the former Military Personnel Management Act (Presidential Decree No. 28652, Feb. 13, 2018)

arrow