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| TITLE | Supreme Court en banc Decision 2012Du26401 Decided March 22, 2018【Revocation of Disposition of Discharge from Military Service】 [full Text] |
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| Summary | |
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[1] Whether the exercise of the right to trial, including the 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 Articles 24 and 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 provision mandating the preliminary procedure within the military, which shall be undertaken prior to exercising the right to trial (negative) [3] Meaning of “collective action committed for purposes other than military service,” prohibited under Article 13(1) of the former Military Service Rule, and method of determining whether a soldier’s act of exercising fundamental rights constitutes such action |
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