기소휴직명령처분 무효확인의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The part citing the judgment of the court of first instance is identical to the corresponding part of the grounds for the judgment of the court of first instance inasmuch as the part citing the judgment of the court of first instance referring to “1. Report of Disposition” and “2. Dispositions 2. Disposition” and “(b) related Acts and subordinate statutes” (including the attached Form cited in the corresponding part) are identical to the corresponding part of the grounds for the judgment of the court of first instance (from 2.3 to 3, and from 11 to 14, respectively), and thus, they are cited in accordance with Article 8(2) of the Administrative Litigation Act, and the main sentence of Article 420
However, the second six parallels of the judgment of the court of first instance shall be "rape of soldiers, etc." and "rape of soldiers, etc." shall be taken into consideration as "rape of soldiers, etc.".
2. A part after the final judgment of the first instance;
C. In the administrative litigation that claims the invalidity of the administrative disposition as a matter of course and seeks the invalidity confirmation, the plaintiff is responsible to assert and prove the grounds for invalidity of the administrative disposition.
(1) In light of the following legal principles and circumstances, the evidence submitted by the Plaintiff alone is insufficient to recognize that the instant disposition is null and void as a matter of course.
1) The provision of Article 6 (1) of the Government Organization Act is clear that it is a ground provision for delegation and re-election of administrative authority under the law, and the Government Organization Act sets the outline for the establishment of national administrative agencies and the organization and the scope of duties, and solely for that reason, it is merely a substitute provision concerning delegation of authority and re-delegation of authority under the same Act, and does not constitute a ground provision for delegation of authority and re-delegation of authority (see, e.g., Supreme Court Decision 88Nu12158, Jun. 26, 1990). Therefore, Article 53 of the Enforcement Decree of the Military Personnel Management Act is stipulated by delegation of authority under Article 6 (1) of the Government Organization Act, and is a ground law for delegation of authority.
In order to delegate the right to order leave of absence to military personnel, the Military Personnel Management Act itself shall be based or only based on the delegated provisions of the Military Personnel Management Act.