학군사관후보생제적처분취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. While the Plaintiff A and C were enrolled in the Eth International Trade Department, the Plaintiff A and B were enrolled in the applied statistics department of the same campus, the Plaintiff A and B around 2014, and the Plaintiff C were selected as the officer candidate of the Reserve Officers’ Training Corps (hereinafter “officer candidate”) pursuant to Article 57(2) of the Military Service Act around 2015, and the D officer candidate training was completed.
B. On January 11, 2016, the Committee for Deliberation on Meritorious Army of the instant case: “The Plaintiff’s act of sexual intercourse with one female under the influence of alcohol on June 20, 2015 (hereinafter “instant act of violation”) constitutes a violation of gender military discipline.” On the ground that the Plaintiffs were determined to be removed from the officer candidate status, the Defendant approved the expulsion decision on the same day, and notified the Plaintiffs of the expulsion (hereinafter “instant disposition”).
C. The Plaintiffs appealed and filed an appeal, but the head of the Army Students Military School dismissed the Plaintiffs’ appeal following deliberation by the Military School Education Management Committee on January 27, 2016.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, and Eul No. 1 (including virtual numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiffs' assertion 1) The non-existence of the grounds for disposition is merely sexual intercourses under the agreement with the pertinent women, and they did not commit the "mar military violation," which is the removal grounds stipulated in the regulations on the deliberation of education and training of candidates for the 330 military school administrative rules of the Army Students. 2) The defendant's abuse of discretionary power, such as the motive for and degree of the instant violation, the attitude of the plaintiffs' officer candidates as the plaintiffs' candidate, and the attitude against the mistake, were inappropriate sexual intercourses that occurred in purely in the private sector based on the anonymous letter against the facts.