보직해임처분 취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the following cases, and thus, this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
The Enforcement Decree of the Military Personnel Management Act (amended by Presidential Decree No. 25732, Nov. 19, 2014; hereinafter referred to as the "Enforcement Decree of the Military Personnel Management Act") in subparagraphs 6 through 7 of the second judgment of the court of first instance shall be sentenced to "Enforcement Decree of the Military Personnel Management Act".
In the second paragraph (c) of the judgment of the court of first instance, the phrase " November 13, 201" shall be read as " November 13, 2014."
Part 4 of the decision of the first instance court shall be from Part 16 to 3 of the decision as follows.
The former Military Personnel Management Act (Amended by Act No. 13505, Sep. 1, 2015; hereinafter referred to as the "Gu Military Personnel Management Act").
In general, in cases where an officer becomes unable to perform his/her duties due to mental or physical disorder, the dismissal of a position provided for in Article 17 is deemed to be incapable of performing his/her duties in the future, and it is a temporary and provisional measure that guarantees the person having personnel authority to ensure timely personnel measures in order to prevent an officer from performing his/her duties by giving his/her position to the officer in question, and to prevent the officer from performing his/her duties by failing to assign his/her position. Thus, the same procedural guarantee cannot be requested as required for disciplinary action, etc., which is conducted for the purpose of maintaining the order of public service for the misconduct of the military personnel. However, Article 17(3) of the former Military Personnel Management Act and Article 17-5(1) of the Enforcement Decree of the same Act shall undergo a resolution of the Deliberation Committee on Removal of a position when the officer is dismissed from his/her position, and the Deliberation Committee on Removal of a position shall undergo a resolution of the