The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. On the assertion that there is a defect in the disciplinary procedure by refusing an attorney-at-law to appear and state his opinion

A. (1) Article 21(1) of the Administrative Procedures Act provides that where an administrative agency imposes an obligation on a party or imposes a disposition restricting his/her rights and interests, the administrative agency shall notify the parties, etc. of the contents of the disposition, legal grounds therefor, and other necessary matters. Article 22(3) of the same Act provides that an administrative agency shall provide the parties, etc. with an opportunity to present their opinions, except where an administrative agency holds a hearing or holds a public hearing.

The above provisions aim to give the parties an opportunity to present their opinions or materials by giving appropriate notice before taking unfavorable measures in accordance with the principle of due process under the Constitution.

In the same purport, Article 11(2) of the Decree on Disciplinary Measures against Public Officials, Article 10(2) of the Decree on Disciplinary Measures against Military Personnel, Article 28 of the Regulations on the Korea Army Academy at Army, Article 95 subparag. 2 of the Administrative Rules on Military

The items, etc. are guaranteeing the opportunity for the person subject to disciplinary deliberation to be present at the disciplinary resolution agency and state his/her opinion on the facts of suspicion or the reason for normal participation.

Nevertheless, in a case where an administrative agency did not give the above prior notice or give the parties an opportunity to present their opinions while making an infringing administrative disposition, such disposition cannot avoid revocation due to its illegality unless it does not give such prior notice or it does not constitute exceptional cases where it does not give the opportunity to present opinions.

(2) According to Article 12(1)3 and (2) and the main text of Article 11(4) of the Administrative Procedures Act, a party, etc. may appoint an attorney-at-law as his/her agent, and an attorney-at-law appointed as his/her agent may perform all acts relating to administrative procedures on behalf of the party, etc.