현역병입영처분취소
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
The reasoning of the judgment of the court of first instance is as follows, except for changing the 3th and 10th of the judgment of the court of first instance to the extent that it is identical to the following: therefore, Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act shall be cited.
Change Parts
C. In light of the provisions of Articles 11(4), 11-2(1), and 12 of the Military Service Act, doctors exclusively in charge of the draft physical examination, etc., when determining physical grade, they may conduct the examination by referring to the examination report on military service submitted by a person subject to the draft physical examination, but are not bound in its content and determine physical grade based on their independent judgment through physical examination and close examination (see Supreme Court Decision 2005Do2200, Oct. 13, 2005). According to the fact-finding with the Director of the Seoul Medical Center of this Court, according to the results of the fact-finding with the Director of the Seoul Medical Center of this Court, the Ro-man's Office of the Korean Medical Examination conducted by the Ro-man to determine the physical grade of the plaintiff who was sick on December 2, 2013 and did not have pressure, and therefore, at the time of the instant disposition, the plaintiff at the time of the instant disposition constitutes “the 5th grade 3 level malaryaryaryary and pressure.”
The result of the Plaintiff’s entrustment of the medical record appraisal by the RoI and the court of first instance on September 25, 2012 and July 26, 2013 of the date of the instant draft physical examination is limited to the period of time prior to the date of the instant draft physical examination, the Plaintiff’s 4 and 5 protruding out across the central and the left side, and the 5-protruding out of the protruding-protruding-protruding-protruding-protruding-protruding-protruding-protruding-protruding-proached nuclear power is difficult to view all cases where the protruding-protruding-protruding-protruding-protruding-protruding-protruding-protruding-protruding-protruding-proached nuclear pressure, and even prior testing implemented twice on May 6, 2013 and July 25, 2013, etc., such judgment does not interfere with the foregoing.
3 Accordingly, this shall be applicable.