1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On March 13, 2017, the Plaintiff entered the Air Force, and served in the 18th Aeronautical Flight Team B of the Air Force.

B. On November 14, 2018, the Defendant, on the ground that the Plaintiff committed an act of misconduct, such as the attached Form, and accordingly, was subject to a disciplinary action for six days in Chang Chang-gu (hereinafter “instant disposition”).

C. On November 22, 2018, the Plaintiff filed an appeal with the Appellate Council of the Air Force Air Force Command on the grounds that the said appeal was dismissed on December 21, 2018. However, the said Committee decided to dismiss the said appeal, and the Air Force Air Force Air Force Commander recognized the said resolution as it is on the same day. D.

From December 24, 2018 to December 27, 2018, the Plaintiff completed the execution of a part of the instant disposition (four days in the territorial detention), and was discharged from military service upon the expiration of the service period on March 7, 2019.

[Ground of Recognition] A without dispute, Gap evidence 1 through 3, 10, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings

2. The Plaintiff’s factual relations listed as the grounds for the instant disposition are based only on the victim’s statement without clear evidence. In full view of the circumstances and circumstances of the instant case, the possibility of the victim’s false statement, and the witness’s statement uniform, etc., the instant disposition was erroneous by mistake of facts, and thus, the instant disposition should be revoked.

3. Determination on the defense prior to the merits

A. As the Plaintiff was discharged on March 7, 2019 during the instant lawsuit, the Defendant’s defense prior to the merits to the effect that there was no legal interest in seeking revocation of the instant disposition.

B. In order to recognize the benefit of a lawsuit in a lawsuit seeking revocation of an administrative disposition which is an appeal litigation, there must be “legal interest” as referred to in Article 12 of the Administrative Litigation Act. The legal interest refers to a case where there is a direct and specific interest protected by the law based on the pertinent disposition, and where it is only an indirect or factual, or an economic interest.