1. The Defendant’s disposition to dismiss the assigned position against the Plaintiff on November 10, 2014 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. Details of the disposition;

A. On March 1, 1991, the Plaintiff was in the Army so-called, and served as the Head of the 31th Volunteer Team B from May 7, 2014.

On November 10, 2014, when a request for attendance following the opening of the Deliberation Committee on Appointment and Dismissal of the Headquarters for the Reasons of Attendance is made, a statement of vindication shall be submitted when the direct attendance of the head office of the headquarters (second floor of the head office) is restricted.

B. On November 3, 2014, the Military Operation Headquarters of Group 2 investigated the Plaintiff’s improper speech, etc. from November 3, 2014 to May of the same month, and the Defendant referred the Plaintiff to the Deliberation Committee on Removal from Position on November 6, 2014, and notified the Plaintiff of the attendance as follows pursuant to Article 17(5) of the Enforcement Decree of the Military Personnel Management Act.

C. On November 10, 2014, the Deliberation Committee on Removal from Position deliberated on the Plaintiff’s misconduct due to the Plaintiff’s violation of his/her duty to obey (finite violence and nonperformance of instructions) and passed a resolution on dismissal from position against the Plaintiff. On the same day, the Defendant issued a disposition to dismiss the Plaintiff for the following reasons (hereinafter “instant disposition”), and the Plaintiff was issued a personnel order on November 13, 201 with the same content.

On May 7, 2014, the Plaintiff was assigned to the Director B, and was performing his/her duties. From May to July, 2015, the Plaintiff engaged in improper speech, such as continuous statement of character and character at an open seat, such as meeting or meal, and continued to make a statement of character in the open seat even after the verbal warning of the Director of the Association on August 26, 2014. Furthermore, despite the direction of establishment of a senior unit’s working discipline during the period of his/her assignment in VIP overseas, the Plaintiff was negligent in performing his/her duties as a high-class commander, such as neglecting his/her duties and drinking, during the period of three times during which he/she is required to strengthen the preparedness for taking part in the higher class during which he/she should take part in his/her duties, but it constitutes a ground for dismissal of assignment under the Land Regulation 110 and 180.

The Plaintiff’s instant case on December 11, 2014.