An Air Force Judge A's actions were very different from those of a regular private soldier.
I regularly left my work place for less than 20 days when I kept the time to work properly for seven months, but I was not even charged with a criminal case, and I was the first to be dismissed as an Air Force judiciary. You have been ruled to cancel your dismissal by the trial.
Mr. A worked in the military for about a year before being dismissed.
Since then, they have only been suing civilian status for nearly two years, and are about to be discharged from the military.
Moreover, even if the Air Force appeals, it is unlikely that Mr. A will take additional service regardless of the outcome of the lawsuit.
I took a closer look at what happened.
▶ [Exclusive]'If you are absent from work', a judge...
Colleagues also resent in'cancellation of dismissal'
19 normal attendance in more than 7 months…
"First dismissal of the Air Force Judge"
On August 6, 2018, Mr. A became a military prosecutor in the legal office of an air force squadron.
I have been absent for four consecutive days from the day after my placement.
I did not go to work for a total of 8 days without the proper permission of the commander, such as falsely handling business trips.
In addition, only those that were confirmed were delayed 16 times, and 2 times early, leaving the workplace without permission.
It
is a
violation
of the
obligation to prohibit departure from duty
under the Basic Military Service Act
.
Prior to being caught in the inspection office in March 2019, the rush hour was not properly observed, such as a few hours late to work and a few hours early.
Even when they had to attend major meetings on behalf of the head of the legal department, they were free to attend.
It
is a
violation
of our
duty
of
integrity
as a soldier
.
Mr. A also worked in sportswear rather than military uniforms during most of his working hours, except when conducting research or conducting meetings.
It is also a
violation
of the
obligation
to
maintain dignity
as a soldier
.
The Air Force, unbearable, dismissed Mr. A from the judiciary in July 2019 for the three reasons above.
According to military officials, Mr. A was the first to be dismissed as an Air Force judge.
Decision canceled after 2 years of dismissal…
"If you don't have a lawyer for 3 years, the disadvantage is great."
Mr. A confronted the Air Force Chief of Staff, who dismissed him, by filing a lawsuit in the Daejeon District Court.
In addition to the appointment of lawyers from long-term military judicial officers, the judge and the trainee's jockey were additionally appointed from the same judges.
Nearly two years have passed between the three delays of pleadings and the five openings, and on the 1st, the court of first instance gave a decision to cancel the dismissal and gave Mr. A's hand.
The court did not deny the grounds for disciplinary action.
Mr. A argued that he went to work late with the permission of his supervisor because he was not in good health and worked overnight, and the court did not accept it.
Mr. A said that he had never been given a legitimate permission from the commander, and that he had neglected his duties enough to observe the rush hour only 19 times over a period of more than 7 months, and acknowledged the grounds for disciplinary action on the part of the Air Force side as true.
However, at the end of the judgment, the court
concluded that
the dismissal of the Air Force was
"in violation of the principle of equality, so it was remarkably unaffected by social norms, and it was illegal beyond the limits of discretion
."
I heard the reason why Mr. A's negligence of duty began with the permission of his supervisor, or with virtually toleration, and the overall atmosphere and discipline of the Air Force squadron's legal office in which Mr. A worked.
He explained that
if there is no case of dismissing an unauthorized military judicial officer, and if the military status is deprived,
"the disadvantage of being appointed as a public servant for three years or not being able to register as an attorney is great."
Ruling on "
the overall discipline of the air force its troops beopmusil was lax,"
or what the Pentagon says only a simple warning disposal without punishment to the fact you do not adhere to commute caught County Attorney and never crossed mentioned group positions In shame is.
It is because of the discipline that has been difficult for the military and the disciplinary practices of the cotton bat, it is no different from the fact that the disciplinary action of the military judicial officer who decided to dismiss it was not fulfilled.
However, it is also true that the judgment of the court is far from the general judgment of the law.
The disadvantage at dismissal is that you cannot register as a lawyer for three years. However, the disadvantage can be said to be "significantly lost in terms of social conventions" for a judicial officer who worked negligently for a year or so and spent nearly two years in lawsuits outside the military. It is questionable whether there will be.
Recently, social leaders who have committed illegal acts often embarrass the people with the logic that "everyone has done so". If the level of disciplinary action is lowered because of the old practice, when will the link of wrong practice be cut off?
Detective dry mouth no...
"There is little possibility of extra service"
If a person deserts for the purpose of evading military service or fails to return to the unit within a considerable period of time without justifiable reason, under the Military Criminal Act, they will be sentenced to 1 year or more and up to 10 years in prison.
Even if they are not deserted, those who temporarily leave the workplace without permission or fail to reach the designated time without permission are subject to imprisonment for up to one year, imprisonment, or a fine of up to 3 million won for trespassing.
It is the opinion of the legal profession that most of the cases where ordinary private soldiers routinely leave or deserted are investigated under arrest.
However, in the case of Mr. A, there was no criminal prosecution procedure.
“The criminal punishment process takes a long time, but it was not appropriate to maintain the status of a judicial officer, so we judged expedited exclusion as our top priority and dismissed. As soon as I was dismissed, I became a civilian and could not proceed with any proceedings. I will judge carefully."
(Air Force Headquarters official)
It is the Air Force's position that prompt dismissal was a top priority, but it is possible to point out that it is fair to say that it has not even filed a severe disciplinary action at the level of dismissal.
Some point out that it is not impossible to apply before disciplinary action.
If the Air Force side appeals to the decision to cancel the dismissal, it will be past the time of the discharge of Mr. A, scheduled for July, but if the decision to cancel the dismissal is confirmed as it is, the unreasonableness of reversing the dismissal will occur without any disciplinary action.
In this case, Mr. A is recognized for his military experience and can immediately work as a lawyer.
The bigger problem is that even if the Air Force appeals and wins, there is little chance of re-employment or overtime.
According to military officials, it is not easy to reintroduce some sort of unsuitable person into the military.
In other words, even if the Air Force wins the appeals trial, Mr. A is not recognized for military experience, and there is only a disadvantage to the extent that he cannot register as an attorney or work as a public servant for three years.
It is questionable whether such a disadvantage can be regarded as remarkably greater than for public interest purposes.
Right now, even other military judges are protesting the ruling.
It is a way to legally play a role before expiration while minimizing military life, and even a joke that the law school application rate will increase.
There is no guarantee that this will not happen again unless the military's faulty cotton bat changes disciplinary practices and lukewarm response.
We will keep an eye on how the Air Force will respond in the future and what the court will issue in the future.