1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff entered the Gun on October 24, 1984, and was transferred to the Army as Staff sergeant on November 9, 1985, and was on duty since May 1, 201.

B. On August 19, 2013, the Plaintiff filed an application for discharge from active service with the Chief of Staff of the Army on November 30, 2014, where he/she wishes to discharge from active service.

C. On May 26, 2014, the Army Chief of Staff: (a) selected a person subject to voluntary discharge from active service on the last half-year basis on May 26, 2014; (b) excluded the Plaintiff from the said person for lack of budget; and (c) announced the aforementioned results on June 5, 2014.

After November 30, 2014, the Plaintiff was discharged from military service on November 30, 2014.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 7 evidence, Eul evidence 1, the purport of the whole pleadings

2. The Plaintiff’s claim is a legitimate beneficiary of the honorary discharge allowance as stipulated in Article 3 [Attachment 1] of the Regulations on the Payment of Honorary Discharge Allowance for Military Personnel. The Defendant is obligated to pay 6,938,400 won and delay damages to the Plaintiff.

3. Article 53-2(1) and (6) of the Military Personnel Management Act provides that “Where a person who has served for not less than 20 years as a soldier voluntarily discharges from active service before retirement age, he/she may be paid an honorary discharge allowance within budgetary limits, and matters necessary for the scope of eligibility for payment, amount of payment, and payment procedure shall be prescribed by Presidential Decree.” Article 2(2) of the Regulations on the Payment of Honorary Discharge Allowances for Military Personnel may restrict the scope of eligibility for payment under paragraph (1) in extenuating circumstances in the budget.” Article 5 provides that “The person who intends to receive an honorary discharge allowance shall submit an application for the payment of allowances to the Chief of Staff of each service branch through the head of the unit to which he/she belongs, within 30 days after the expiration of the application period for the payment of allowances, the Chief of Staff of each service branch shall examine it and recommend the persons eligible for payment of allowances to the Minister of National Defense, and the Minister of National