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(영문) 춘천지방법원강릉지원 2019.06.13 2018구합30571
징계무효확인청구
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, as the Army Order, is a person who had served as the CJ’s Support Book from December 26, 2017 to December 26, 2017.

B. When the Defendant informed the Plaintiff of the human rights of the Legal Affairs Office in the Army of Illegalities, on April 27, 2018, the Defendant instructed the Inspection Board to confirm the Plaintiff’s misconduct, and the Inspection Board conducted an inspection of the B Group of the Fire Prevention Board from April 30, 2018 to May 3, 2018.

C. In accordance with the above inspection results on May 21, 2018, the Defendant: (a) caused the Plaintiff to take part in cyber lectures on behalf of the captain C and D on behalf of the Plaintiff, thereby violating the duty to comply with the law (violation of duty related); (b) ordered subrogation D, C, E, and F, which is the cause of the military unit, to take part in the duty to enforce the law; and (c) exercised the duty to enforce the law in good faith (violation of duty by abuse of authority); (c) abused the captain C, C, I, I, I, I, the first J, and executive officers of the military unit; (b) threatened the captain and executive officers of the military unit; and (c) threatened the Plaintiff by exercising verbal violence in front of the soldiers; and (d) took a disciplinary action for seven days preceding the first time (hereinafter “instant disposition”).

Details of the specific disciplinary reasons for the instant disposition are as specified in attached Form 1.

(Provided, That "persons subject to disciplinary action" shall be deemed to be "persons subject to disciplinary action". 【The grounds for recognition of a person subject to disciplinary action, the fact that there is no dispute, Gap evidence 1, Eul evidence 1 through 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. As asserted by the Plaintiff, the instant disposition is null and void as there is no ground for disposition.

1) The Plaintiff received the instant disposition is because C, D, K, and L were dissatisfied with the Plaintiff’s legitimate instruction and reported false facts with the intent of having the Plaintiff subject to disciplinary action. 2) The grounds for disciplinary action indicated as the victim in the instant disposition D, E, and L were stated as the victim.

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