1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The grounds for the court’s explanation concerning the background of the disposition and this part of the pertinent statutes are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the defendant, who is not the right to order discharge from active service against the legal officer, ordered discharge from active service through the instant notification is unlawful, and the ground for the instant disciplinary action is not true, and the instant notification is unlawful because it exceeds the scope of discretion.

As to this, the defendant asserts that the notice of this case is merely an "in the inside of the administrative right" or "de facto notification", and that the discharge takes effect in accordance with the separate order of the Minister of National Defense, and that the lawsuit of this case seeking cancellation of the notice of this case, not a disposition, should be dismissed, since the plaintiff was not discharged in accordance with the notice of this case.

B. We examine whether the instant notice 1 constitutes a disposition subject to appeal litigation.

Article 2(1)1 of the Administrative Litigation Act provides, “The exercise or refusal of public authority as an enforcement of law with respect to specific facts by an administrative agency, and other similar administrative actions” with respect to a disposition which is the object of an appeal litigation.

Since “other similar administrative action” can also constitute a disposition, the concept of disposition does not necessarily be confined to “an act that directly changes the specific rights and obligations of the people in accordance with the statutes by an administrative agency.”

The issue of whether a certain act of an administrative agency can be a subject of appeal cannot be determined abstractly or generally, and in a concrete case, an administrative disposition is a law enforcement with regard to specific facts conducted by an administrative agency as a subject of public power, which directly affects the rights and duties of the people.