1. The instant lawsuit shall be dismissed.

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

1. Details of the disposition;

A. The Plaintiff is a person who serves as a sergeant in the 25th Korean Army Soldiers Team B of the Korean Army.

B. The Plaintiff supported the selection of long-term service noncommissioned Officers in 2015, but on July 17, 2015, the Defendant rendered a disposition to exclude the Plaintiff from the selection of long-term service noncommissioned Officers (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Whether the lawsuit of this case is lawful

A. We examine ex officio the lawfulness of the instant lawsuit.

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 register, 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 any administrative litigation against discharge from military service, removal from military register, disciplinary action, temporary retirement from military service, or other unfavorable disposition against his/her will may not be filed without undergoing a review

However, the instant disposition constitutes an unfavorable disposition against the Plaintiff’s will because it excludes the Plaintiff from the selection of long-term service noncommissioned Officers, and thus, it must undergo the review and decision of the appeals review committee to file an administrative litigation seeking the cancellation of the instant disposition

B. As to the 1st issue, the Plaintiff did not notify whether the Defendant is entitled to file an administrative appeal or administrative litigation under Article 26 of the Administrative Procedures Act while rendering the instant disposition, whether the Defendant is entitled to file an administrative appeal or administrative litigation, and whether the filing procedure and the filing period were to be notified. As such, the Plaintiff may file an administrative appeal within 180 days from the date of the disposition under Article 27(6) and (3) of the Administrative Appeals Act. If the Plaintiff is excluded from the selection of a long-term service noncommissioned Officer, the Plaintiff is urgently required to seek another workplace and should have a director in the official residence.