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(영문) 수원지방법원 2018.10.16 2018구합65119
견책처분취소
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 is a Class-V civilian military employee who was appointed on July 1, 2005 and served as the 55th unit of the 55th unit of the 55th unit of the 170 unit of the 170 unit of the 170 unit of the 5th unit of the 1

B. On November 16, 2017, the Defendant issued a reprimand (hereinafter “instant disposition”) against the Plaintiff on the ground that the Defendant breached his/her duty to maintain dignity (such as verbal violence, insult, and intimidation) as stated in the “ fact subject to disciplinary action” (hereinafter “fact subject to disciplinary action”) as the grounds for disciplinary action, following the resolution of the disciplinary committee.

C. Accordingly, on November 24, 2017, the Plaintiff appealed to the 3 Field Military Headquarters Appeal Review Committee of the Army on the instant disposition, but the said Appeal Review Committee dismissed the appeal on February 19, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 19, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. Although the non-existence of the grounds for disposition was somewhat excessive in the course of leading full-time soldiers, the Plaintiff exercised speech violence against them.

There is no fact of intimidation or intimidation.

B. In light of the fact that the Plaintiff’s abuse of discretionary power has received various commendation while living in the military for a long period of time, and that the disposition of this case is highly disadvantageous to the Plaintiff, such as delaying the promotion of the salary grade, etc., the instant disposition is unlawful as it deviates from and abused discretionary power.

3. The entry in the relevant legislation (attached Form 2) is as follows.

4. Determination

A. In light of the following circumstances, the Plaintiff’s grounds for disciplinary action against breach of the duty to maintain dignity, such as the facts subject to the instant disciplinary action, can be sufficiently recognized in light of the following: (a) the written evidence Nos. 9, B’s evidence Nos. 2 through 4 (including the serial number; hereinafter the same shall apply), the witness C, and D’s testimony and the entire arguments.

Therefore, we cannot accept this part of the plaintiff's assertion.

1. A victim of the instant disciplinary action and a full-time soldier directed by the Plaintiff.

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