1. The instant lawsuit shall be dismissed.

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

1. Details of the disposition;

A. On January 6, 2015, the Plaintiff entered Korea as Byung and served in B as of February 16, 2015.

B. On June 24, 2016, the Defendant imposed upon the Plaintiff a disciplinary measure of five days in Chang-gu pursuant to Article 56 of the Military Personnel Management Act (hereinafter “instant measure”) on the ground of the violation of the duty to obey orders and the violation of the duty to maintain dignity, and the facts of the disciplinary measure are as shown in attached Table 1.

C. The Plaintiff appealed against the instant disposition and appealed to the Disciplinary Appeal Committee, but the said Committee dismissed it on July 18, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 9, the purport of the whole pleadings

2. The Plaintiff’s assertion 1 is not consistent with the facts, or does not fall under the grounds for disciplinary action stipulated in the Military Personnel Management Act, and even if not, the instant disposition is excessively excessive and excessively excessive, there is an error of deviation from and abuse of discretion.

In addition, Article 57 (2) of the Military Personnel Management Act, which is the basis provision for the disposition of this case, and subparagraph 2 of Article 12 (3) of the Constitution, violates the warrant principle, the excessive prohibition principle, and the principle of equality, thereby violating the Constitution.

Therefore, the instant disposition should be revoked.

3. The entry in the relevant statutes is as shown in Appendix 2.

4. The Defendant, as to whether the instant lawsuit is lawful, has been discharged on October 5, 2016 by the Plaintiff on the expiration of the service period, and the legal interest to seek revocation of the instant disposition ceases to exist, and the instant lawsuit is unlawful.

In order to recognize the benefit of a lawsuit in a lawsuit seeking cancellation of an administrative disposition which is an appeal litigation, there must be “legal interest” as referred to in Article 12 of the Administrative Litigation Act. The legal interest refers to a case where there is a direct and specific interest protected by the law based on the relevant disposition, and it does not constitute an administrative disposition if it is indirect or factual, or only with an economic interest