1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1..

1. Details of the disposition;

A. In December 2005, the Plaintiff was appointed as a senior officer in 1993, and was promoted to Major Order around December 2005. At the Deliberation Committee for Selection of Officers in 2014, the Plaintiff was selected as a senior officer and was registered in the list of prospective candidates for promotion in 2014 and published.

B. After that, the General Prosecutor’s Office of the Army Headquarters conducted an investigation against the Plaintiff on the grounds of abuse of authority against the subordinate military personnel of the past. As a result of the investigation, the Plaintiff was acknowledged to have been suspected of preparing false official documents, and prosecuted the Plaintiff at the General Military Court of the Army Headquarters on September 16, 2014, and requested the Defendant (the Army Headquarters Personnel Commander) to take a leave of absence against the Plaintiff on the same day.

C. Accordingly, on September 19, 2014, the Defendant notified the Plaintiff of the grounds for and details of the disposition of leave of absence and the opportunity to present opinions, and received an individual opinion from the Plaintiff on September 22, 2014.

On September 22, 2014, the Defendant issued a leave order to the Plaintiff on September 24, 2014.

(hereinafter “instant temporary retirement order”). D.

1) On April 16, 2015, the Defendant reported to the Minister of National Defense that “the Plaintiff was indicted with the military court on September 16, 2014, and constitutes “persons subject to the removal of a promotion order.” On the same day, the Plaintiff reported that “the Plaintiff was removed from the list of candidates to be promoted on July 8, 2014,” on the ground that “the Plaintiff was indicted from the list of candidates to be promoted on July 8, 2014, for the following reasons: “The Plaintiff was subject to the removal of a promotion order due to the violation of the gender military force, etc. (e.g., July 8, 2014)” and “the Defendant was indicted from the list of candidates to be promoted on September 8, 2014.”

(2) On September 22, 2015, the Minister of National Defense served a notice of approval to delete a promotion order to the Defendant on September 22, 2015, stating that “The Minister of National Defense approves the Plaintiff from the list of prospective candidates for promotion on September 16, 2014,” and accordingly, the Defendant removed the Plaintiff from the list of prospective candidates for promotion on September 22, 2015 on the same ground as the foregoing paragraph 1.

“.......”