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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On June 12, 2014, the Plaintiff, as a captain of the Army, was assigned to and served as the first and second registers of B B, and was subject to a disposition of dismissal from the Defendant on August 29, 2014, on the ground that “In the military combat command censorship around July 19, 2014, D, as a captain of the C inspectorial Department No. 1, during the military combat command censorship, was dissatisfied with the fact that the inspector was found to be defective by the censorship and reported by other sub-lis, the Plaintiff made verbal abuse and abusive language, and ordered the head to the end on the part of the asphalt floor, and issued a three-minute commander E, a three-minute commander of the 1st unit, a three-minute group of the 2nd unit of the 2nd unit of the 2nd unit of the 2014, on August 29, 2014.”
B. After that, the Plaintiff was subject to disciplinary action for one month of his/her salary reduction on August 29, 2014 for violating the duty to maintain dignity and the duty to maintain good faith on September 2, 2014, and was exclusively assigned as the supplement of an association on September 2, 2014, and is currently in service until now.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 5, the purport of the whole pleadings
2. Judgment on the defendant's main defense
A. The summary of the instant safety defense is that the Plaintiff is currently reappointed and is in service as above, and thus the disadvantage resulting from the instant disposition has already been recovered, and there is no interest in seeking confirmation of the invalidity of the instant disposition to the Plaintiff.
B. As seen earlier, the Plaintiff is serving again after the instant disposition. However, according to the following circumstances (Article 17-2 of the former Enforcement Decree of the Military Personnel Management Act (amended by Presidential Decree No. 26880, Jan. 12, 2016; hereinafter the same) and Article 58-6(2) of the Army Regulations, where an officer who was dismissed from a position before his/her term of office is assigned at least twice from the same rank, he/she is subject to an investigation by the Military Personnel Management Committee on the Non-Performance of Active Service (amended by Ordinance of the Ministry of National Defense No. 881, Feb. 4, 2016).