부작위위법확인
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
The reasoning for this case is as follows, and this court's acceptance of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where the defendant added a judgment on the defense prior to the merits that was made in the court of first instance. Thus, this is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
[Revision] The part of the first instance court’s judgment is as follows: “Around July 4, 2016” in the second instance judgment No. 16 of the second instance judgment is as “ July 4, 2016.”
Under paragraph 2 of the first instance judgment, the phrase “as of July 14, 2016” shall be read as “as of July 14, 2016,” and “as of July 14, 2016,” respectively.
On the second page of the judgment of the court of first instance, "Any person discharged from active service" was discharged from active service at the expiration of the service period.
On March 2018, the first instance court sent documents necessary for filing an application for retirement benefits and honorary discharge allowances, including a copy of the head of the Tong, a retirement benefit and a retirement allowance claim, and a written application for honorary discharge allowances on April 19, 2016, to the schools of the Air Force Education Headquarters B, which were affiliated with the military units, around March 2018. Nevertheless, the Defendant would only pay retirement benefits to the Plaintiff, and would not pay or refuse the payment of honorary discharge allowances.”
Part 3 of the judgment of the first instance court ( July 1, 2016) is referred to as "(Evidence A No. 2)" in Part 9 of the judgment of the third instance as "(Evidence A No. 2). However, it appears to be a clerical error in July 4, 2016."
Under Article 3 of the judgment of the first instance court, the "Evidences 1 through 3 of the A" of the 5th sentence shall be raised as "Evidences 1 through 4 of the A".
The first instance court's judgment Nos. 5, 12, 6, and 4 are as follows.
In light of the aforementioned legal principles, it is reasonable to deem that the instant notice constitutes a disposition subject to appeal litigation, in light of the following circumstances, etc., which can be seen by adding up the facts acknowledged earlier and the purport of the entire pleadings.
① As seen earlier, the Plaintiff on April 19, 2016.