1. The instant lawsuit shall be dismissed.

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

1. Details of the disposition;

A. On February 12, 1982, the Plaintiff was serving as a Air Force noncommissioned Officer after serving as the Staff Staff of the Air Force. On December 27, 2013, the Plaintiff submitted to the Defendant a written application for support for discharge from active service and transfer of employment by stating the desired date of discharge on February 28, 2015.

B. Accordingly, the Defendant ordered the Plaintiff to undergo vocational guidance, and the Plaintiff received vocational guidance from March 10, 2014.

C. On November 13, 2014, the Plaintiff received vocational support education, the first half of the year 2015, and the committee for examination on discharge from active service of the Air Force Headquarters decided not to select the Plaintiff as an honorary person on the ground that “the appointment of the honorary person to be discharged from active service is not possible due to lack of available budget due to lack of available budget” on January 15, 2015, and notified the Plaintiff on January 29, 2015.

(hereinafter referred to as “instant refusal to select the discharge from active service”). D.

On February 3, 2015, the Defendant ordered the Plaintiff to discharge from active service as of February 28, 2015.

(hereinafter “instant disposition”) e.

On February 13, 2015, the Plaintiff filed a petition review with the Korea Air Force Headquarters personnel review committee on the refusal of the appointment of honorary discharge.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. Since the Plaintiff did not undergo a personnel review on the instant disposition, the instant lawsuit is unlawful pursuant to Article 51-2 of the Military Personnel Management Act.

B. Article 50 of the Military Personnel Management Act provides that a soldier may file an appeal against a disadvantageous disposition against his/her will, such as discharge from military service, removal from military service, or temporary retirement from military service, within 30 days from the date on which he/she becomes aware of such disposition, and Article 51-2 of the same Act provides that an administrative litigation against a disadvantageous disposition against his/her will, such as discharge from military service, removal from military service, disciplinary action or temporary retirement from military service