All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

The grounds of appeal are examined.

1. In full view of the contents, structure, and purport of Article 53-2(1), (4), and (6) of the Military Personnel Management Act, Article 6 and Article 12 of the Regulations on the Payment of the Allowances for Honorary Discharge of Military Personnel, and Article 96(2)3 and Article 99(1)1 and (2) of the “Regulation on the Personnel Management of National Defense” as delegated by the said Ordinance, it is reasonable to deem that the revocation of the selection of the honorary discharge from active service by the auditor and the investigative agency on the ground that the person subject to the voluntary discharge from active service is under a wrongful investigation or investigation pursuant to Article 96(2)3 of the said Directive, barring any special circumstance, can only be deemed to have not yet become effective before the date the personnel authority

(2) On May 30, 2019, the lower court: (a) determined that the instant disposition that the Plaintiff had already discharged from active service was unlawful and that the defect was serious, on the grounds that the Plaintiff’s failure to revoke the revocation of the discharge from active service was attributable to the mistake of the Minister of National Defense; and (b) in light of the content of the relevant provisions and the purport of the system for the payment of the honorary discharge from active service allowances, etc., where the Plaintiff already lost the status of a soldier on the grounds of discharge from active service, even if it constitutes a ground for revocation of the selection of the discharge from active service under the relevant provisions.

Such determination by the lower court is based on the relevant statutes and legal principles as seen earlier, and it did not err by misapprehending the legal doctrine on the withdrawal of beneficial administrative acts, as otherwise alleged in the grounds of appeal.

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.