(영문) 수원지방법원 2015.12.17 2015구합64467

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(영문) 수원지방법원 2015.12.17 2015구합64467

징계처분 취소청구의 소

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 March 1, 1995, the Plaintiff was in the Army Second Lieutenant (51 on the Army), and served as B, from December 28, 201 to December 16, 2013, and served as B, the 2nd maintenance unit commander from December 17, 2013, and served as the 2nd maintenance unit commander from December 17, 2013 to December.

B. On January 13, 2015, the Plaintiff was subject to a reprimand disposition (hereinafter “instant disposition”) by the Defendant on the grounds that the Defendant breached his/her duty to maintain dignity (e.g., defamation; hereinafter “the grounds for the first disposition”).

The plaintiff shall not engage in any conduct detrimental to the honor of a soldier pursuant to Article 9 of the Military Service Rule, and shall not respect the honor of any other person and damage it.

Nevertheless, around 17:00 on December 5, 2013, the Plaintiff damaged the honor of E by openly pointing out the fact of divorce support of E in the process of introducing the Captain, who is the person scheduled to move to the large group, to the large group on December 9, 2013 at the office and the support control of the support group of the BS group located in Yangyang-gun, Gyeonggi-do. In addition, the Plaintiff damaged the honor of E by openly pointing out the fact of divorce support and its executive officers.

Accordingly, the plaintiff violated the duty to maintain dignity by impairing the honor of E.

C. On April 21, 2015, the Army Headquarters Appeals Review Committee changed the grounds for disciplinary action to the effect that “the Plaintiff made a statement to see a specific person and violated the duty to maintain the dignity (other facts related to the breach of the duty to maintain the dignity; hereinafter referred to as “the grounds for the second disposition”) by making a statement to the effect that “the Plaintiff violated the duty to maintain the dignity of the Plaintiff’s appeal by making a statement to see that “the Plaintiff violated the duty to maintain the dignity” during the process of making the Plaintiff’s statement to see e-mail on December 5, 2013 and introducing e-mail at the above support control office and office.”

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

참조조문

-군인복무규율 제9조

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