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(영문) 인천지방법원 2018.07.06 2016구합51720

보충역병역처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On October 22, 2003, the Plaintiff was currently subject to enlistment in active duty service after being judged at Grade 1 in a physical examination conducted on October 22, 2003. On August 20, 2002, C Hospital received knee knee snee snee snee snee snee snee snee snee se se se se se se se se se se se-sengs in D Hospital around June 2009, but the Plaintiff was administered on November 5, 2013 after undergoing continuous preservation treatment at E Hospital (hereinafter “E hospital”) because symptoms are not shown.

On December 10, 2013, the Plaintiff underwent a physical examination again at the Central Physical Examination Center, and was judged to fall under the examination rules (amended by Ordinance of the Ministry of National Defense No. 907, Nov. 29, 2016; hereinafter referred to as the “former draft physical examination rules”) 211-B-1 on the ground that he/she falls under the old draft physical examination rules (amended by Ordinance of the Ministry of National Defense No. 907, Nov. 29, 2016; hereinafter referred to as the “former draft physical examination rules”), and received the same examination on December 13, 2013, but was judged to be the Defendant (the director of the Incheon Gyeonggi-do regional military manpower office was changed to the Defendant on July 1, 2015).

() On December 19, 2013, based on the foregoing physical grade determination, the Plaintiff rendered a disposition of military service subject to enlistment in active duty service in Grade III on December 19, 2013. On January 15, 2014, the Plaintiff filed a claim for revocation of the said disposition of military service subject to enlistment in active duty service with Suwon District Court 2014Guhap50355, and was sentenced to a judgment citing it on April 1, 2015, and the Defendant appealed, but the appeal was dismissed on November 26, 2015, and the said judgment of the first instance court became final and conclusive on December 17, 2015 (hereinafter “prior case”).

(2) On February 22, 2016, the Defendant, on the ground that: (a) the Plaintiff’s knee-fe-fee-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-g