1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On April 25, 2008, the Plaintiff was appointed as the 38-year medical officer of the Gun, and served as the head of the emergency department of the B company’s association, the first department of emergency department of the Armed Forces Waterworks Hospital, and the major department of the study and research department of the Armed Forces Waterworks Hospital. From March 4, 2013, the Plaintiff served as the C company’s 202 joint and several medical officer.

B. On January 7, 2014, the Plaintiff was subject to minor disciplinary action for three months in salary reduction due to a breach of duty to obey on January 7, 2014, and a breach of duty to obey on March 26, 2014.

C. On April 30, 2014, the Investigation Committee on Persons Disqualified for C History Active Service decided the Plaintiff to be unfit for active duty service on the ground that the Plaintiff constitutes “a person who was subject to heavy disciplinary action or was subject to at least twice minor disciplinary action at the same rank” under Article 57 subparag. 2 of the Enforcement Rule of the Military Personnel Management Act, and on May 2, 2014, the head of C intent group reported it to the Chief of Staff.

On May 9, 2014, the Plaintiff filed a civil petition with the purport that, “D” and the respondent as “F” under Article 53(1) [Attached Table 1] [Attachment Table 1] of the Enforcement Rule of the Military Personnel Management Act, or “Closed Maclock Disease” on 131st day of the grade of mental and physical disorder or on 142nd day of the same Table, the Plaintiff filed a civil petition to the effect that “The Plaintiff may request a disposition of discharge from active service pursuant to Article 37(1)1 of the Military Personnel Management Act, Article 48 of the Enforcement Decree of the same Act, and Article 53(1)1 or 2 of the Enforcement Rule of the same Act, on the ground that “the Plaintiff’s physical and mental disorder is not good or is unable to provide medical treatment during the climatic period.”

(hereinafter referred to as “instant civil petition”). E.

On May 22, 2014, the committee for the examination on discharge from active service at the Army Headquarters decided to discharge the Plaintiff from active service on the ground that the Plaintiff falls under Article 37(1)4 of the Military Personnel Management Act, Article 49(1)3 of the Enforcement Decree of the same Act, and Article 56(3)1 of the Enforcement Rule of the same Act. Accordingly, the Army Chief of Staff on May 23, 2014, the said committee for the examination on discharge from active service at the Army, etc.