1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is a soldier (grade) who served as the director of the finance division B from February 2016, and his rank C and B are soldiers who served in the finance division with the Plaintiff.

B. On October 20, 2017, the Defendant, via the Education Headquarters Disciplinary Deliberation Committee (hereinafter “instant Disciplinary Committee”), took disciplinary action against the Plaintiff for the period of three months of salary reduction (hereinafter “instant disciplinary action”) on October 31, 2017 on the ground of the Plaintiff’s breach of good faith, such as the fact that the Plaintiff is subject to disciplinary action (hereinafter “instant facts subject to disciplinary action”), as indicated in the attached Table (hereinafter “instant facts subject to disciplinary action”), and the violation of good faith and the maintenance of dignity.

C. On November 28, 2017, the Plaintiff filed an appeal against the instant disciplinary action, but was dismissed by the Army Chief of Staff on July 24, 2018.

On July 26, 2018, the notice of decision on the appeal for disciplinary action was served on the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. In the process of the instant disciplinary action, there is a defect that the Defendant did not comply with the lawful procedures for the notice of attendance, such as ① the Defendant sent the Plaintiff a notice of attendance to the instant disciplinary committee by electronic mail without directly delivering the notice of attendance, ② the above notice of attendance did not state the facts subject to the instant disciplinary action.

B. The non-existence of the grounds for disciplinary action does not have any act as stated in the facts subject to the disciplinary action of this case, and even if part of such act was committed, it cannot be viewed as abuse of authority or verbal violence corresponding to the grounds for disciplinary action.

C. Although the facts subject to the instant disciplinary action are recognized as both deviations from and abuse of discretionary authority, the instant disciplinary action is unlawful due to excessive deviations and abuse of discretionary authority, compared to the misconduct committed by the Plaintiff.

3. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

4. Whether the disciplinary action in this case is unlawful

A. 1 Defendant’s existence of procedural defects on October 16, 2017.