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(영문) 서울행정법원 2017.02.16 2016구합75739
전역거부처분 취소 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On November 1, 2008, the Plaintiff was appointed as a bachelor’s officer 104 (Aeronautical Service Branch) and applied for long-term service on July 1, 201, when serving as D pilot at C World, and was appointed as a long-term service officer on July 1, 201, and submitted a five-year application for discharge from active service to the Defendant on December 21, 2015 pursuant to Article 7(1)1 of the Military Personnel Management Act and Article 5 of the Enforcement Decree of the Military Personnel Management Act.

B. However, on January 26, 2016, the committee for the examination on discharge from active service in the five-year discharge from active service decided not to select the Plaintiff as discharged on the ground that the Plaintiff was discharged from active service due to lack of pilots’ human resources. Accordingly, on February 17, 2016, the Defendant issued a refusal disposition against the Plaintiff to discharge from active service (hereinafter “instant refusal disposition”).

C. The Plaintiff filed an appeal seeking revocation of the instant rejection disposition with the National Defense’s Central Military Personnel Review Committee, but the said Appeal Review Committee dismissed the appeal on June 27, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 3 and purport of whole pleadings

2. Whether the rejection disposition of this case is legitimate

A. The summary of the Plaintiff’s assertion made it difficult for the Plaintiff to continue a normal military life, such as being insulting in front of the subsequent pilot on the ground that the Plaintiff did not comply with the direction of unfair flight related to E from his superior around 2015, and being substantially excluded from the assignment of the pilot.

However, in order to prevent the expansion of support for the discharge of later pilots by preventing the plaintiff from performing the pilot's duty, the defendant rejected the plaintiff's discharge support for discharged service on the ground of the surface of lack of pilot manpower.

Therefore, the instant rejection disposition was excessively harsh to the Plaintiff and abused discretion.

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

(c) The compulsory service period of a long-term service officer under the main sentence of Article 7 (1) 1 of the Military Personnel Management Act shall be ten years;

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