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(영문) 의정부지방법원 2015.05.26 2014구합125
징계처분취소
Text

1. The Defendant’s disciplinary action against the Plaintiff on September 4, 2013 shall be revoked for three months of salary reduction.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On September 2, 1981, the Plaintiff entered the Army and was in charge of C’s duties from June 28, 2012 to September 8, 2013, 600 YY as 911 YY B.

B. On September 4, 2013, the Defendant: (a) against the Plaintiff, as indicated in the “instant disciplinary action” column, delayed handling of orders for correction of the form of a cafeteria for the management of a restaurant in the military (hereinafter “instant disciplinary action”); (b) failure to comply with the instructions for prohibition of the use of the cafeteria; (c) failure to comply with the instructions for replacement of the cadastral map (hereinafter “Disciplinary Reason 2”); (d) failure to comply with the orders for replacement of the first class warehouse (hereinafter “Disciplinary Reason 3”); (c) failure to comply with the orders for replacement of the first class warehouse (hereinafter “Disciplinary Reason 4”); (d) failure to perform the duties of repair during the period (hereinafter “Disciplinary Reason 5”); and (e) failure to comply with the orders for the first

The "Disciplinary Reason 7" is referred to as the "Disciplinary Reason 7" for non-performance of the duty to deduct meal service costs.

The Do of Distribution Deadline due to the delay in non-exploitation and the 8th Disciplinary Reason.

It is called "Disciplinary Reason 9" for voluntary removal of combat food and neglect of it.

The 'Disciplinary Reason No. 10' is called ‘Ap. 10' on the job price and the responsibilities for the sick and wounded.

The grounds for disciplinary action 11 of Article 11 of the "Act No. 11 of the "Act No. 11 of the Act on the Punishment, etc. of Medical Personnel" are "each of the grounds for disciplinary action".

For reasons of the disciplinary action of salary reduction three months or less, the "disposition of this case" is referred to as the "disposition of this case."

A. [The respective descriptions of Gap evidence Nos. 1 and 29 and the purport of the whole pleadings for recognition]

2. The plaintiff's assertion

A. 1) In the disciplinary procedure on the procedural defect of the instant disposition, the opportunity for stating and explaining the opinion of the person subject to disciplinary action shall be guaranteed. However, the notice of attendance served on the Plaintiff during the instant disposition process was partially omitted, and the Plaintiff did not have any opportunity to state and vindicate his opinion. 2) As the grounds for disposition in the instant disciplinary action, the instant disciplinary action is in accordance with Article 56 of the Military Personnel Management Act.

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