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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 17, 2018, the Plaintiff was discharged from active service on August 10, 202, when serving as B in the Air Force.
B. On September 20, 2019, the Defendant, on the ground that “Flight name” was “a violation of the duty to maintain dignity (e.g., sexual harassment, in-house speech, forgery of public signature, and the use of forged public signature)” against the Plaintiff, the Defendant was subject to a disciplinary measure of eight days in the
On November 20, 2019, the Plaintiff appealed against the above disciplinary action, and appealed to the Committee for Review of the Disciplinary Action against Military Personnel at the Public Security Command, and on November 20, 2019, the said Review Committee rendered a decision that “the disciplinary action for the 8th anniversary of his/her establishment shall be mitigated by three
(hereinafter referred to as the above, the disciplinary action taken on September 20, 2019 (hereinafter referred to as the "instant disciplinary action"). [Grounds for recognition] without dispute, Gap 1, and the purport of the entire argument
2. In order to recognize the benefit of a lawsuit in an appeal litigation, there must be a legal interest as stipulated in Article 12 of the Administrative Litigation Act, and such legal interest does not constitute a case where there is a direct and specific interest protected by the law based on the disposition in question, and it is nothing more than an indirect, factual, or economic interest.
However, the instant disciplinary action is in accordance with Articles 56 and 57(2)2 of the former Military Personnel Management Act (amended by Act No. 16928, Feb. 4, 2020) that provides disciplinary action against a soldier, and as long as the Plaintiff already discharged from active service and loses his status as a soldier, it becomes impossible to execute the disciplinary action more effectively or more.
On the contrary, there is no circumstance in which the disciplinary action in this case is deemed to have been infringed upon the legal interest of the plaintiff due to the remaining external appearance.
Therefore, since there is no legal interest to seek revocation of the instant disciplinary action against the Plaintiff, the instant lawsuit is unlawful.
3. Conclusion, the instant lawsuit is unlawful and dismissed.