The defendant.

A. On October 8, 1984, the Plaintiff (CB) had a congenital chrosspspspung Disase, and was under the operation of an artificial navigational lighting surgery on the part of October 8, 1984, and was under the correction of the two Melel on April 16, 1985 (including the codinal cinal cinantization).

B. The plaintiff was subject to a disposition of enlistment in active duty service on November 14, 2003 after undergoing a physical examination for conscription on November 14, 2003 when he reached the age of 19, and was subject to a disposition of enlistment in active duty service on February 2, 2004, but the physical grade judgment was not changed.

C. On December 14, 2006, the Plaintiff submitted a revised military service disposition to the Plaintiff and received a draft physical examination on December 28, 2006, and the Plaintiff was on the part of the outside and the doctor in exclusive charge of draft physical B.

A copy of the medical examination and medical records prepared in D by a medical specialist outside Seoul National University Hospital, including the fact that he/she was receiving the correction of the left-hand form, as stated in the foregoing paragraph, was judged as Grade II on the same day on the ground that he/she falls under Article 11 [Attachment 2] of the Regulations on Examination, such as Physical Examination, etc. of Military Diseases (hereinafter referred to as the “Rules”) under Article 11 [Attachment 2] of the Medical Examination Regulations (hereinafter referred to as the “Rules”), which was enforced at the time of the physical examination.

[Related Provisions] [Related Provisions] Article 12 (Determination of Physical Grades) (1) of the Military Service Act (including physical examinations for active duty servicemen), doctors exclusively in charge of the draft physical examination, doctors specialized in the draft physical examination, or military officers under Article 12-2 shall determine physical grade as follows:

(4) Guidelines for determining physical grade under paragraph (1) shall be prescribed by Ordinance of the Ministry of National Defense.

[Enforcement Decree of the Military Service Act] Article 17 (Disposition for Military Service, etc.) (1) of the Act shall be the date on which a draft physical examination or a physical examination for volunteers for active duty service is conducted.

Provided, That where a person who has undergone a physical examination at the Central Physical Examination Agency or at a military hospital is notified of the result, the disposition shall be taken.

Article 11 of the Inspection Regulations (amended by Ordinance of the Ministry of National Defense No. 590 on January 26, 2006) provides for the degree of illness, mental disorder and mental disorder.