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(영문) 수원지방법원 2020.10.22 2020구합60285
징계처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On July 20, 1996, the Plaintiff was promoted to his superior on the promotion of July 20, 1996, and served as a preparatory staff member for the reorganization of the 7th Armed Forces from January 4, 2019 to the 7th Armed Forces.

B. On October 23, 2019, the Defendant, via a disciplinary committee, took a five-day disciplinary measure against the Plaintiff on the ground that the Plaintiff violated the duty not to have his/her place of work (e.g., breach of duty), and breach of good faith (limited to the neglect of duty) as the grounds for disciplinary action.

In accordance with the Disciplinary Reason Statement and the Records of the Admission to and Retirement of Soldiers, the Plaintiff violated his/her duty to refrain from leaving his/her workplace on August 27, 2019, August 28, 2019; August 28, 2019; August 29; August 29, 2019; September 2, 2019; and September 3, 2019; and the work attitude was clearly identified among ordinary workers as being consistent with his/her duty to refrain from leaving his/her workplace on five occasions; and the duty of faithfully breach of duty (limited to duties) due to his/her failure to attend work on September 3, 2019 by taking advantage of a ccus between watchkeeping and on duty and failing to attend work at work on September 3, 2019.

C. The Plaintiff appealed, but on December 23, 2019, the head of the 7th M&D Co., Ltd. rejected the appeal following the Appeal Review Committee to the effect that the grounds for disciplinary action are not recognized, but the remainder of the grounds for disciplinary action is recognized, and the disciplinary action on the 5th day is justifiable.

(A) The grounds for disciplinary action of five days for probation against the plaintiff finally determined through the above procedure are as follows. The grounds for disciplinary action in the instant disposition recognized through the appeal procedure are as follows.

(hereinafter referred to as the "Disciplinary Reason of this case". When an individual disciplinary cause is referred to, the grounds for disciplinary action shall be referred to as "the grounds for disciplinary action 1, 2, and 3" in accordance with the following sequences / [the grounds for recognition] without dispute, each entry in Gap 1, 2, and 6, and Eul evidence 13, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that there is no ground for disciplinary action 1.

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