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.

1. This part of the reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance under Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the defendant's main defense

A. According to Articles 62(3) and 281(1) of the Army Regulations 110 Officers Personnel Management Regulations, which were in force at the time of the Defendant’s assertion, the records of dismissal of the assigned position did not give unfavorable treatment to the Plaintiff for personnel management, including promotion, transfer, assignment, education, etc. on the ground that the records of dismissal of the assigned position were cancelled after the lapse of two years. Since the records of removal of the assigned position were cancelled after the lapse of two years from the date of the instant disposition, the Plaintiff had no legal disadvantage due to the instant disposition, the Plaintiff did not have a legal interest to seek cancellation of the instant disposition.

B. A lawsuit seeking the revocation of an illegal administrative disposition 1 is a lawsuit seeking the restoration to the original state by removing an illegal state arising from an illegal disposition, and the protection and remedy of the rights and interests infringed or interfered with the disposition, and thus, the validity of the disposition, etc. shall continue. If the infringement of rights and interests is terminated due to the circumstances after the disposition, there is no benefit in the lawsuit seeking

An officer subject to a disposition of dismissal from a position under the Military Personnel Management Act, such as the Plaintiff, shall be subject to the reduction of the time of examination for promotion, become a person subject to the disposition of dismissal from a position for active duty service, and shall be excluded from an honorary promotion and discharge from a position. However, according to the Military Headquarters Promotion Rules, etc., the records of dismissal from a position shall be deleted when two years have elapsed since the date of the disposition of dismissal from a position. In such cases, the records of removal from a position shall not be disadvantageous to the personnel management, including promotion, transfer