군위탁생경비환수처분 취소
1. Revocation of the first instance judgment.
2. On October 18, 2018, the Defendant’s military consignment expenses of KRW 23,404,490 for the Plaintiff.
1. The grounds for this part of the disposition are as stated in the corresponding part of the reasoning of the judgment of the first instance, except for a partial revision as follows. Thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
Part 10 of the second place shall add "in the form of dispatched from a national Gun hospital" in front of "Seoul National University Hospital."
The second part of the 12th sentence "before February 6, 2017," "shall be subject to disciplinary action due to a violation of the maintenance of dignity."
After Part 15 of Chapter 2, "on the ground of non-existence," "in accordance with the former Military Entrusted Life Regulations (amended by Presidential Decree No. 29790, May 28, 2019; hereinafter the same shall apply)" shall be added.
From the second bottom to the second chapter, the defendant shall add "the National Defense Audit Board of Audit and Inspection requested the re-assessment of the amount of the paid expenses after auditing the Army Personnel Headquarters around August 2018, 2018," and shall add "the defendant."
After "23,404,490 won" in the third first sentence, "(24,148,805 won in accordance with the following formula less than 10 won after deducting the above 744,313 won)" shall be added.
Note 2, 3, and 4 shall be added to the 5th sentence [based grounds for recognition].
2. The part concerning the Plaintiff’s assertion is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
3. This part of the relevant statutes is as stated in the reasoning of the judgment of the first instance except for the addition of “the relevant statutes” attached to the judgment of the first instance. Therefore, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
4. Whether the disposition of this case is unlawful
A. Article 8 of the Administrative Litigation Act is applicable to the reasoning of the judgment of the court of first instance, inasmuch as the period of training and majoring as a medical officer is included in the period of commissioned education.