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(영문) 서울고등법원 2016.07.19 2015누63168

현역병입영처분취소등

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning of the court's explanation concerning this case is limited to Article 2-2 of the judgment of the court of first instance.

Inasmuch as the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. According to Article 12(1) of the Military Service Act, a doctor exclusively in charge of the draft physical examination, etc., who conducted a physical examination, determines that a prosecutor’s physical and psychological condition may perform active duty or supplemental duty service due to health, he/she shall determine physical grade I to Grade IV according to the degree of his/her physical and psychological condition.

In addition, according to Paragraph 4 of the same Article, the above criteria for the determination of physical grade are determined by the Ordinance of the Ministry of National Defense.

Furthermore, according to Articles 20, 11, [Attachment 2], and 12 of the Disciplinary Regulations of the Military Service enacted by delegation of the above provision, if it is deemed that there is a domestic knee se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-s

In addition, according to Article 135(3) of the Enforcement Decree of the Military Service Act, when a person subject to enlistment in active duty service is judged to be physical grade 2 to 4 as a result of a physical examination for changes in military service disposition, the assignment of military service should be changed according

In addition, comprehensively taking account of the written evidence No. 4 and the purport of the entire pleadings, the criteria for military service disposition that applies to the year 2014 may be recognized as having been ordered to be assigned to active duty service in cases where a person who has obtained an academic background higher than a middle school graduate falls under physical Grade III, and to be assigned to supplemental service in cases

On the other hand, in light of the provisions of Article 11(4), Article 11-2(1), and Article 12 of the Military Service Act.