병역면제취소처분취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On September 9, 2003, the Plaintiff was subject to a disposition of enlistment in active duty service in physical grade I as a result of a draft physical examination conducted on September 9, 2003, and thereafter, was assigned to enlistment several times on the ground of attending a school.
B. 1) On September 29, 2008, the Plaintiff was subject to the first round-up operation at C Hospital on September 29, 2008, due to the existence of the left-hand check-up symptoms, and the Plaintiff submitted to the Defendant on October 13, 2008, a military service assignment change officer on the ground of disease (defluence of the face-hand check-up). The Defendant issued a disposition of supplementary service of physical grade 4 to the Plaintiff according to the determination of the doctor responsible for the military service.
C. 1) On May 1, 2009, the Plaintiff submitted to the Defendant on May 19, 2009, a military service assignment change officer on the ground of disease (e.g., influority). On August 24, 2009, the Defendant issued the supplementary service disposition to the Plaintiff on August 24, 2009 after a precise examination against the Plaintiff.
On February 23, 2010, the Plaintiff issued a disability diagnosis that “the Plaintiff is in a state that it may interfere with the present daily and living, due to the restriction on the movement and pain of the current left-hand check, and the radiation inspection: The radiation inspection: the upper end of the upper end of the check, the opinion on the upper end of the check, and the angle of the check: a limited state of at least 75% of the normal angle, and the disability diagnosis was issued to the Plaintiff that the upper end of the check constitutes class 4 disability 1 of the upper end according to the opinion that “the normal end is limited.”
E. On February 24, 2010, the Plaintiff submitted a written diagnosis of the above disability to register the disabled person as Grade IV (or Grade IV).
F. On April 6, 2010, the Plaintiff submitted to the Defendant with the above disability diagnosis certificate and the certificate of a disabled person, and the Defendant exempted the Plaintiff from military service on the same day (hereinafter “instant exemption disposition”).
G. Thereafter, the Gwangju Metropolitan City Police Agency violated the Military Service Act by five persons, including the plaintiff, were exempted from military service after being issued with a false disability diagnosis certificate by doctors E.