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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.
Reasons
1. The judgment of the court of first instance that rejected the Plaintiff’s assertion even if the evidence submitted in the court of first instance for the acceptance of the judgment of the court of first instance shows each description of evidence Nos. 16, 18, 22, 23, and 24 submitted in the court of first instance.
Therefore, the reasoning for this Court concerning this case is as follows, except for partial revision of the column of reasons for the judgment of the court of first instance as stated in Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act. Thus, this Court shall accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the
2.The amendment shall be made to the following three to six pages of the first instance judgment:
Article 61 of the Military Personnel Management Act (A) delegates matters necessary for disciplinary proceedings, etc. The main text of Article 9(1) of the Military Personnel Disciplinary Decree provides that “When the Disciplinary Committee orders a person subject to disciplinary action, etc. to attend a meeting, it shall be issued, but shall be given to the person subject to disciplinary action, etc. three days prior to the date on which the Disciplinary Committee is held.” This provision aims to provide the person subject to disciplinary action, etc. with an opportunity to defend himself/herself and defend himself/herself. Thus, even if the person subject to disciplinary action did not notify the person subject to disciplinary action of his/her appearance in advance, it is difficult to view that the person subject to disciplinary action was deprived of the person subject to disciplinary action of the opportunity to present his/her statement and present evidence without raising an objection to the procedure of attendance at the Disciplinary Committee, the procedural defect in which the Disciplinary Committee did not issue a written notice of attendance is cured (see Supreme Court Decisions 97Da18165, 18172, Jul. 22, 1997; 20.