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(영문) 부산지방법원 2019.08.23 2019구합21000

입영연기신청 거부처분 취소의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Plaintiff, including the Plaintiff’s status, is a second-born male enrolled in the medical graduate school of C University on March 2, 2016 (hereinafter “all members of the instant case”), and is enrolled in the fourth-year master’s degree course as of March 2, 2019.

In order to graduate from the Council of this case, a total of 180 credits must be obtained, the credits of all major compulsory subjects assigned to the pertinent school year shall be obtained, the average of the records of the acquisition shall be at least 1.87, and the average point necessary for graduation shall be at least 2.0.

The Plaintiff’s completion of the three-year course (six-year course) and completion of the total of 145.5 credits as of February 22, 2019, and the average point is 2.5 (4.5 scores) and 34.5 credits in the fourth-year course, may be graduated from February 2020.

On November 19, 2008, the Plaintiff classified the Plaintiff into those to be enlisted in active service, such as the reasons for the postponement of enlistment, and was judged at physical Grade III in the physical examination for conscription on November 19, 2008, and was determined at physical Grade I in the physical examination for conscription on November 6, 2013.

On August 4, 2009, the Defendant notified the Plaintiff that he will enlist in the 53 college group. However, the Plaintiff, from August 4, 2009 to March 1, 2010, extended the date of enlistment (210 days of the date of postponement, and 210 days of the cumulative postponement) on the ground of “the date of enlistment”. From March 1, 2010 to February 17, 2015, the Plaintiff postponed enlistment on the ground of “university re-university”.

On December 21, 2015, the Defendant notified the Plaintiff of the enlistment in the Army Training Center. However, the Plaintiff postponed the date of enlistment (22 days of extension and 232 days of cumulative extension) due to the “application for the qualifying examination,” and again postponed the enlistment as “reasons for attending graduate schools” from March 1, 2016 to November 29, 2017.

On March 5, 2018, the Defendant notified the Plaintiff of the enlistment into the Army Training Center, but the Plaintiff postponed the date of enlistment (64 days of postponement and 296 days of cumulative postponement) by May 7, 2018 on the ground of applying for the national notice (the disclosure employment examination of class 9 in national position).