징계처분 취소의 확인의 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 reasoning of the court's explanation concerning this case is as stated in Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, except for the addition of the judgment mentioned in paragraph (2) below, and therefore, this is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 4
2. The Plaintiff filed the instant lawsuit via an administrative appeal by the Central Administrative Appeals Commission, and received the written adjudication on May 26, 2014. Thus, when calculating the period of filing the lawsuit from that time, the instant lawsuit is lawful. However, in light of the provisions of Article 51-2 of the Military Personnel Management Act, it is reasonable to deem that the appeal review committee’s judgment constitutes a special administrative appeal under Article 4(1) of the Administrative Appeals Act. As such, the Plaintiff, as the Plaintiff, even though he/she immediately files an administrative lawsuit within 90 days from the date on which he/she became aware of the decision by the said appeal review committee, had imposed the period of filing the lawsuit, and furthermore, there is no circumstance to deem that the Defendant was mistakenly informed that
3. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.