1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. The part concerning “A. Plaintiff’s assertion”, “b. related provisions” and “a.c. fact of recognition” are identical to the corresponding part of the judgment of the court of first instance on the grounds stated in the reasoning of this court’s acceptance of the judgment of the court of first instance, and thus, they are cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. Whether a disciplinary measure should be taken against a person subject to disciplinary action is at the discretion of the person having authority to take the disciplinary measure. However, the disciplinary measure is unlawful only when it is acknowledged that the person having authority to take the disciplinary measure has abused the discretionary power that has been placed at the discretion of the person having authority to take the disciplinary measure because the disciplinary measure as the exercise of discretionary power has considerably lost validity under social norms. If a disciplinary measure has considerably lost validity under social norms, the disciplinary measure should be determined by taking into account various factors, such as the content and nature of the misconduct causing the disciplinary measure, administrative purpose to be achieved by the disciplinary measure, criteria for the determination of disciplinary action, etc.

(see, e.g., Supreme Court Decisions 95Nu18727, Apr. 26, 1996; 201Du29540, Feb. 27, 2014). (B)

Examining the following circumstances revealed in the process of dispositions or facts of recognition and the relevant provisions of the Military Personnel Management Act, etc. in light of the legal principles as seen earlier, the Plaintiff’s assertion that the instant disposition was abused or abused discretion is difficult even if considering favorable circumstances to the Plaintiff known in the above facts of recognition.

1 Military personnel are obliged to guarantee national security and defend national land, which is a mission of the national armed forces, and to perform a duty to prevent the protection of people's lives, bodies, and property, so more strict principles and regulations than other public officials shall apply.