1. The Defendant’s expulsion disposition against the Plaintiff on June 13, 2019 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. Details of the disposition;

A. The Army Students Military School (hereinafter “instant school”) is an institution that conducts enlistment education, etc. on the Army’s educational officer candidates, and the Plaintiff entered the instant school on March 8, 2019 and served as officer candidates from the Second Class B educational officer candidates under the instant school.

B. On June 13, 2019, the Defendant issued a disposition to the effect that the Plaintiff was removed from the military register for the following reasons (hereinafter “instant disciplinary action”).

1. Title of disciplinary action: Grade I accident;

2. Facts of disciplinary action: Persons who serve as the officer candidate for the second-class B education unit for the school affairs B education unit for the person under disciplinary action (referring to the plaintiff);

A. The words related to appearance that may cause displeasure to female officer candidates within the training team (hereinafter “Disciplinary Reason No. 1”)

(b) Indecent acts by force, such as engaging in several times in physical contacts (e.g., the act of aground for the shoulder, the act of taking the face and face, the act of taking the head, etc.) that give displeasure.

b. (hereinafter “Disciplinary Reason No. 2”)

3. Grounds for disposition: The grounds for the disciplinary action shall be recognized by the Administrative Established Regulations.

The Plaintiff was dissatisfied with the instant disposition and filed a complaint with the principal of the instant case on July 5, 2019, but the principal of the instant case dismissed the said complaint on July 8, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 13, and the purport of the whole pleadings

2. Determination on the legitimacy of the instant disciplinary action

A. The Plaintiff’s assertion that the instant disciplinary action was defective as follows, thus seeking confirmation or revocation of the invalidity of the instant disciplinary action.

1) The instant disciplinary action, in which there is no relevant statute based on the disposition, is an unfavorable disposition that deprives the Plaintiff of the Plaintiff’s officer status, so the instant disciplinary action ought to be based on a clear legal basis. However, the Defendant’s 330 officer candidate training and education under the Administrative Rule