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1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On August 27, 2013, the Plaintiff, who was admitted to the Three Central Headquarters C of the Army Group C and served as a combat volunteer soldier, served as a staff member, from October 7, 2013 to July 30, 2014.
B. On August 13, 2014, the above C&C Central Headquarters Disciplinary Committee (hereinafter “instant Disciplinary Committee”) (hereinafter “instant Disciplinary Committee”) decided against the Plaintiff for a fifteen-day disciplinary resolution (hereinafter “instant disciplinary resolution”) on the ground that the Plaintiff committed a violation of the duty to obey (such as a statement of the facts subject to review of the appeal under paragraph (3) of the attached Form No. 3 of the written decision on appeal (hereinafter “instant disciplinary cause”).
C. On October 15, 2014, the military advocate D in charge of human rights among the three main headquarters headquarters C, upon the Defendant’s request, examined the legitimacy of the instant disciplinary decision, and then notified the Defendant of the decision that “The 15-day disposition against the Plaintiff was lawful,” and the Defendant rendered the instant disposition against the Plaintiff on October 31, 2014.
On November 11, 2014, the Plaintiff dissatisfied with the instant disciplinary action and filed an appeal (hereinafter “instant appeal”), pursuant to Article 60 of the Military Personnel Management Act, with the head of leapGun B, but the Appeals Review Committee decided on December 17, 2014 that “the instant appeal is dismissed,” and accordingly, the head of the Army B shall dismiss the instant appeal on December 19, 2014.
E. The execution of the instant detention disposition was completed on February 3, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 5 through 7, Eul evidence Nos. 1, 2, and 10, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The Plaintiff asserts that the instant disposition is unlawful since it is a procedural defect as described below, and thus, should be revoked. A) The Plaintiff was scheduled to hold on August 5, 2014 to the instant disciplinary committee, which was planned on August 7, 201.