1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The defendant's ground of appeal citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance.

Even if the evidence presented in the instant case and the Defendant’s arguments are reviewed together, it is difficult to recognize that the Plaintiff was an unfit person for active duty service, and thus, the first instance court’s decision that the instant disposition should be revoked on the ground that it is unlawful.

Therefore, the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition of part of the reasoning of the judgment of the court of first instance as follows. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil

The second part of the judgment of the first instance court " September 1, 200" in the second part of the judgment of the first instance shall be " September 1, 2009"; the first part of the second part "with respect to the above misconduct" shall be " with respect to the above misconduct"; and the second part "with respect to the appeal review committee" in the second part shall be "at the appeal review committee", respectively.

A evidence No. 10 shall be added from the bottom of the first instance judgment to the statement of evidence No. 7.

Part 6 of the judgment of the court of first instance, the " difficult" in Part 2 shall be raised as follows:

“It is difficult to see, and even if the contents entered in the interview/compliance register with the Plaintiff are examined, it is difficult to recognize that the Plaintiff has a defect of character to the extent that it is impossible to perform active duty service.”

2. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.