1. The Defendant’s disposition of dismissal of a position against the Plaintiff on February 22, 2016 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. Details of the disposition;

A. On March 1, 200, the Plaintiff was so-called the Army, and was promoted to the So-called Major on October 1, 201, and served as the director in charge of the operations of the 6th Army Group 7 B from November 13, 2015.

B. On February 22, 2016, the Defendant issued a disposition to discharge the Plaintiff from a position prior to the decision of the Military Personnel Management Act (hereinafter “instant disposition”) pursuant to the proviso to Article 17(3) of the former Military Personnel Management Act (amended by Act No. 13505, Sept. 1, 2015; hereinafter the same) and Article 17-4 subparag. 3 of the Enforcement Decree of the Military Personnel Management Act against the Plaintiff, on the grounds that the Plaintiff’s verbal abuse and bathing to the head of the Gun, the head of the personnel division, and the situation-related soldiers, etc., several times in the command and control room, etc. (hereinafter “instant misconduct”).

C. On February 25, 2016, the Deliberation Committee on Removal from Position deliberated on the instant misconduct, and decided to dismiss from office, and the Defendant notified the Plaintiff of the results of the deliberation on February 29, 2016.

The Plaintiff appealed against the instant disposition and filed a petition for review thereof, but the Central Military Personnel Review Committee of the Ministry of National Defense dismissed it on August 3, 2016.

【Ground of recognition】 A without any dispute, entry of Gap’s 1 through 4, Eul’s 3, 4, and 5, and the purport of the whole pleadings

2. As long as the Plaintiff was assigned to a new position after the instant disposition and served as the commander of the 30th unit of the 9th unit of the 30th unit of the 30th unit of the 9th unit, the Defendant asserted that the instant lawsuit is unlawful.

An officer subject to a disposition of dismissal from a position under the Military Personnel Management Act shall be subject to a reduction in the time of examination for promotion, shall be subject to a person subject to the enlistment in active duty service, and shall be exempt from an honorary promotion and discharge from an honorary position. However, according to the officer personnel management regulations, etc. of the Army Regulation 110 officers, etc., if two years have passed since