1. The plaintiff's claim is dismissed.

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

1. The details of the instant disposition;

A. On July 16, 1994, the Plaintiff was assigned to the Army Staff Staff at the Army, and from January 12, 2017, the Plaintiff served as an assistant for the maintenance of private equipment at the 2nd Army Support Headquarters B of the Army as a private assistant.

B. On May 8, 2003, the Plaintiff was under the influence of alcohol while under the influence of alcohol at 0.067% (hereinafter “the primary alcohol driving”) and was subject to the disposition of suspension of driver’s license and the criminal punishment of KRW 700,000 won of a fine (which shall be approximately 2003 high-level 10793). On March 14, 2017, the Plaintiff was subject to the disposition of suspension of driver’s license and the criminal punishment of KRW 70,000 of a fine (which shall be referred to as “the second alcohol driving”). From D on March 14, 2017, around 15:15:15 on the same day, from D on the front side of the day in the same city of Sucheon-si to the front side of 3km alcohol concentration at 0.07% of the blood alcohol concentration at the same 0.07% (hereinafter “the second alcohol driving”), and was discovered and was subject to the punishment of suspension of driver’s license and fine KRW 2005170.

C. On June 29, 2017, the head of the 2nd military support commander issued a disposition of suspension from office for three months pursuant to Article 56 of the Military Personnel Management Act (hereinafter “instant disciplinary disposition”) on the ground that the Plaintiff violated his duty to maintain dignity by driving the second alcohol.

On January 29, 2018, the Plaintiff submitted to the Military Support Headquarters Review Committee for a decision to refer it to the Committee for Review of Noncommissioned Officers of the Military Support Headquarters. On February 28, 2018, the Review Committee passed a resolution of discharge on February 28, 2018. On March 2, 2018, the Defendant issued a disposition of discharge from active service as follows (hereinafter “instant disposition of discharge from active service”).

The facts constituting the grounds for disposition shall be discharged from active service of a person falling under Article 49 of the Enforcement Decree of the Military Personnel Management Act and Article 56 (2) 1 of the Enforcement Rule of the Military Personnel Management Act, who does not comply with the person's intention under Article 37 of the Military Personnel Management Act.