1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. After the Plaintiff was in the Army as Second Lieutenant on March 1, 2007, from September 13, 2013 to October 11, 2015, the Plaintiff served as the 25th Epins of the Korean Army (rank: Captain). On October 5, 2015, the Plaintiff committed suicide by the Jeonpo Captain C (hereinafter “the deceased”).

B. On December 18, 2015, the Defendant issued three months in suspension from office pursuant to Article 56 of the former Military Personnel Management Act (amended by Act No. 13505, Sept. 1, 2015; hereinafter the same) on the ground that the Plaintiff violated the duty of good faith (in the event that each of the grounds for disciplinary action is indicated in the same manner as the grounds for disciplinary action of No. 1. A, as set forth in the separate list (hereinafter referred to as “each of the grounds for disciplinary action of this case”) and the duty to maintain dignity (in the event of abuse of authority, intimidation, or verbal violence), as the same as the grounds for disciplinary action of No. 1. A.,

C. On March 31, 2016, the Plaintiff appealed to the Appeal Review Committee, and the Appeal Review Committee mitigated the above disposition on March 31, 2016.

(hereinafter referred to as “instant disciplinary action”), which has been mitigated for one month from suspension (hereinafter referred to as “instant disciplinary action”), [based on recognition] of absence of dispute, entry of Gap’s evidence Nos. 1 through 3, and the purport of all pleadings

2. Whether the instant disciplinary action is lawful

A. Each disciplinary cause of the Plaintiff’s assertion is not based on facts or does not exist as a mistake in legal evaluation, and the instant disciplinary action is made without sufficiently reviewing the Plaintiff’s explanation in order to take full responsibility for the death of the deceased, and thus, should be revoked on the ground that it is unlawful and excessive.

(b) Entry in the attached Form of relevant statutes;

C. 1) Determination of the existence of grounds for disciplinary action 1. A

According to the overall purport of the statements and arguments set forth in subparagraphs 1 and 2 (including each number; hereinafter the same shall apply), the existence of the grounds for disciplinary action shall be determined on October 9, 2015.