2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff is a person who served as the Army Lieutenant.

B. On May 4, 2016, the Seoul Central Defense Acquisition Program Investigation Division prosecuted the Plaintiff for violating the Military Secret Protection Act.

C. On May 17, 2016, the Defendant ordered the Plaintiff to be indicted on a leave of absence as “2016 Personnel Order (Officers) No. 617.”

(hereinafter “instant disposition”) D.

On August 11, 2016, the Plaintiff was sentenced to imprisonment of two years and six months at the general military court of the Ministry of National Defense, and both the Plaintiff and the military prosecutor appealed.

The High Court for Armed Forces, the appellate trial, sentenced the plaintiff to one year and six months of imprisonment, and the plaintiff appealed against the above judgment, but the Supreme Court dismissed the appeal on April 27, 2017 (Supreme Court Decision 2017Do3113) and the above High Court for Armed Forces became final and conclusive.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the Military Personnel Management Act does not include any grounds to delegate the authority for appointment to the Chief of Staff when not in wartime. However, Article 53 of the Enforcement Decree of the Military Personnel Management Act provides that “the Minister of National Defense shall order the reinstatement of an officer who was temporarily laid off or laid off from office upon the recommendation of the Chief of Staff: Provided, That the authority on the temporary retirement and reinstatement of an officer who was laid off or laid off from office may be delegated to the Chief of Staff or the head of a foreign-level military

Ultimately, Article 53 of the Enforcement Decree of the Military Personnel Management Act is null and void, and the instant disposition is made by the President who has the authority to issue an order of leave of absence as an appointment authority under the Military Personnel Management Act, or by the defendant who is not the Minister

Therefore, the instant disposition is null and void because it is made by an unincorporated administrative agency, and its defect is significant and apparent.

(b) as shown in the attached Form of the relevant statutes;

C. Whether the provisions of the Enforcement Decree of the relevant legal doctrine conflict with the mother law.