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(영문) 춘천지방법원 2016.08.17 2016구합50011
보직해임처분취소
Text

1. On April 30, 2015, the Defendant issued a disposition to dismiss the assignment of the position to the position of the BW Headquarters commander against the Plaintiff.

Reasons

1. Basic facts

A. On March 1, 2012, the Plaintiff was assigned to the Army as Second Lieutenant as of March 1, 2012, and from June 20, 2014, the Plaintiff was assigned to the Army Team Head (Subrogation) as of June 20, 2014.

B. On April 30, 2015, the Defendant issued a disposition to dismiss the Plaintiff from the position of the above Main Registry (hereinafter “instant disposition”) on the grounds that the instant disposition constitutes a case where immediate dismissal of the position is necessary due to the Plaintiff’s responsibility for direction (e.g., character and lack of qualities). In accordance with the proviso to Article 17(3) of the former Military Personnel Management Act (amended by Act No. 13352, Jun. 22, 2015; hereinafter “former Military Personnel Management Act”), and Article 17-4 subparag. 3 of the Enforcement Decree of the Military Personnel Management Act, prior to the date of the resolution of the Deliberation Committee on Removal of the position, prior to the

It is determined that the report of misconduct under the supervision of the inspector and inspector's office and the receipt of written questions that lead to the reason for attendance, habitually abusive acts, cruel acts through physical contact, improper remarks as a commander, and other improper acts are recognized. This constitutes the reason for dismissal of a position referred to in Article 62 of the Army Regulations, which constitutes the reason for dismissal of a position referred to in Article 110 of the Army Regulations, and refers HaHaHaHa to B B where it is necessary to immediately dismiss a position from the current position. If intending to make a written statement according to the circumstances of the 13:00 attendance at the place of attendance at the 15:00 on May 1, 2015, it shall submit a written statement to arrive before the day before the date of the deliberation for dismissal of a position.

C. On May 1, 2015, the following day, around 10:00, the Deliberation Committee on Removal from Position B (hereinafter “the Deliberation Committee”) referred the Plaintiff to the Deliberation Committee on Removal from Position, and notified the Plaintiff of the following contents pursuant to Article 17-5 of the Enforcement Decree of the Military Personnel Management Act.

The instant Deliberation Committee, around 13:00 on May 1, 2015, shall be assigned to the position of the Plaintiff from the position of the above head office commander on the grounds of the Plaintiff’s misconduct (hereinafter “instant misconduct”).

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