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TITLE 【Syllabus of Latest Opinion】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 a constitutional complaint, by a military personnel 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 Articles 24 and 25 of the former Military Service Rule may be construed as either a provision imposing a duty on a military personnel to make a proposal or a request for review of grievance, or a preliminary procedure within the military which shall be undertaken prior to a military personnel’s exercise of the right to trial (negative)
[3] Meaning of “collective action committed for the purposes other than military service,” which is prohibited under Article 13 subparag. 1 of the former Military Service Rule, and methods to determine whether a military personnel’s exercise of fundamental rights constitute such activities
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