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TITLE Supreme Court en banc Decision 2012Du26401 Decided March 22, 2018【Revocation of Disposition of Discharge from Military Service】* First draft [full Text]
Summary
[1] Whether the exercise of the right to trial, including filing of a constitutional complaint, by a soldier against an instruction or order given by his/her superior officer, is in violation of a soldier’s duty of obedience (negative in principle)
[2] Whether Article 24 and Article 25 of the former Military Service Rule may be construed as (i) a provision imposing a duty on a soldier to make a proposal or a request for review of grievance, or (ii) a preliminary procedure within the military, which shall be undertaken prior to a soldier’s exercise of the right to trial (negative)
[3] Meaning of “collective action committed for the purposes other than military service,” prohibited under Article 13 subparag. 1 of the former Military Service Rule, and methods to determine whether a soldier’s exercise of fundamental rights constitutes such action
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