Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

A. The summary of the case is the case seeking revocation of the Plaintiff’s disposition of refusal of the Plaintiff’s family members to be enlisted in the second citizen service as a person to be enlisted in active service due to family reasons that the Plaintiff’s property does not constitute a person subject to military service exemption beyond the criteria, and that the Plaintiff constitutes a person subject to military service exemption or reduction.

The first instance judgment accepted the Plaintiff’s claim on the ground that the Defendant’s disposal was unlawful, since the details of the deposit and withdrawal of the passbook recognized as the Plaintiff’s property amount cannot be deemed as the financial transaction details of the Plaintiff’s mother, which is the Plaintiff’s family member. The Defendant appealed against this.

[Attachment of the relevant Acts and subordinate statutes]

B. (i) The plaintiff is a man born of the Republic of Korea who is a citizen of the Republic of Korea, and is to be enlisted in active service, and the defendant is an administrative agency in charge of military administration, such as the conscription order, enlistment, and enlistment in the second citizen service of a person to be enlisted in active service.

The plaintiff's family relationship is the mother D (C) , F (E) , and H (G) .

The father I died on October 31, 2000.

⑶ 원고의 병역감면신청과 피고의 거부처분 및 현역병입영통지 ㈎ 원고는 2013. 10. 2. 현역병입영대상자로 병역처분을 받아 2013. 11. 21. 피고에게 생계유지곤란을 이유로 원고를 제2국민역으로 편입하여 달라는 병역감면을 신청하였다.

㈏ 피고는 원고에 대한 현역병 입영기일을 직권으로 연기하고 병역감면의 요건을 갖추었는지를 심사한 결과 2014. 3. 20. 원고가 생계유지곤란 병역감면 사유 중 부양비, 월 수입액 기준은 갖추었지만 재산액이 기준을 초과하여 병역감면의...