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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning for the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance except for the addition of the judgment on the Plaintiff’s assertion as stated in the following Paragraph 2. Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. The addition;
A. The Plaintiff’s assertion that the instant disposition was made by the Gun against the standards that have been generally applied to the same degree of flight as that of the instant disciplinary cause in the Gun in general (e.g., suspension from office or reduction of salary) and the Plaintiff’s heavy disciplinary action against the Plaintiff only without reasonable grounds. It is an unlawful disposition against the principle of equality.
B. 1) Examining the instant case in light of the legal principles as seen earlier, the case holding that: (a) where the Air Force Chief of Staff violated the principle of equality by choosing a disciplinary measure which goes against the generally accepted standard of flight to the same extent without a reasonable ground, such disciplinary measure should be deemed to be unlawful; (b) however, in light of the characteristics of the relevant duties, discriminatory treatment in determining the type of disciplinary measure and determination depending on whether a person committed an act of corruption to the same extent, is not a arbitrary treatment as a reasonable discrimination depending on the nature of the case; and (c) it does not go against the principle of equality or equity (see, e.g., Supreme Court Decision 9Du2611, Aug. 20, 199); (d) according to the evidence evidence No. 9, the case holding that, other than the Plaintiff’s response to information disclosure request on March 19, 2015, the disciplinary measure against the Air Force noncommissioned officer was dismissed for the last five years, 22011 year and 14 years and 215 years and 14 years, etc.