1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff served as a second officer in the Navy in 190, and served as a naval officer at the B Service Support Group as a naval officer.

B. On June 21, 2017, the General Prosecutors' Office of the Navy brought a public prosecution against the Plaintiff for suspicion, such as quasi-rape of a soldier, etc.

C. On June 21, 2017, the Navy Chief of Staff issued an order of leave of absence for prosecution to the Plaintiff as “No. 162 of the 2017 Navy Personnel Management Order (Officers)” against the Plaintiff.

(hereinafter “instant disposition”) D.

On October 16, 2017, the Plaintiff was sentenced to 17 years of imprisonment at the general military court of the Navy headquarters, and both the Plaintiff and the military prosecutor appealed.

On April 19, 2018, the High Court for Armed Forces, the appellate trial, sentenced the Plaintiff to 15 years of imprisonment, and the Plaintiff appealed against the above judgment and appealed on May 29, 2018 (Supreme Court Decision 201Do690) and the said High Court for Armed Forces became final and conclusive.

E. From June 21, 2017 to May 29, 2018, the Defendant paid a total of KRW 35,286,360 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 and 3, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Military Personnel Management Act does not have any grounds to delegate the authority for appointment to the Chief of Staff when not in wartime. However, Article 53 of the Enforcement Decree of the Military Personnel Management Act provides that “the Minister of National Defense shall order the reinstatement of an officer who was a leave of absence or a leave of absence from office to the Chief of Staff: Provided, That the authority on the temporary retirement or reinstatement of an officer who was a leave of absence from office to the Chief of Staff may be delegated to the Chief of Staff or the head of a military unit dispatched to a foreign country.

The instant disposition is significant and apparent by the President or the Navy Chief of Staff, other than the Minister of National Defense, who has the authority to issue an order of leave of absence as an appointment authority under the Military Personnel Management Act.