병역처분 변경거부처분 등 취소
1. Revocation of a judgment of the first instance;
2. On August 9, 201, the instant lawsuit confirmed that the disposition of refusal to change a disposition of military service was invalid.
1. Details of the disposition;
A. The Plaintiff’s military register and past litigation 1) on August 18, 1998, the Plaintiff was judged to be subject to physical grade 1 in a physical examination for conscription, but postponed enlistment by November 2004 on the ground that he was enrolled in a university. After obtaining a doctor’s license, the Plaintiff applied for a medical officer’s license and was enrolled on the military register on March 9, 2005. 2) The Plaintiff filed an application for military service reduction or exemption with the Defendant on December 8, 2008, where he completed the training course at the Busan University Hospital.
However, the defendant's rejection of the above application for military service exemption on December 12, 2008 filed a lawsuit seeking the revocation of the above rejection disposition with the Busan District Court 2010Guhap420.
The above court dismissed the plaintiff's claim on July 9, 2010, and the plaintiff's appeal and appeal were dismissed, and the judgment became final and conclusive on May 26, 201.
B. On February 26, 2010, when the said lawsuit was pending, the Plaintiff filed an application for change of the assignment of military service with the Defendant on the ground of “dive spine salt.” On February 26, 2010, the Defendant requested a precise physical examination with the Central Physical Examination Center. On April 26, 2010, the Central Physical Examination Center rendered a determination of physical grade Grade IV after conducting the physical examination with the Plaintiff. Upon the Plaintiff’s filing of an objection to the said determination, the Defendant submitted the determination to the Central Physical Examination Committee for Determination on Physical Grade IV. The said Committee rendered a physical grade-4 determination on May 12, 2010 on the Plaintiff, and the Defendant accordingly maintained the Plaintiff’s military register of medical officer candidates (hereinafter “instant refusal disposition”).
(2) On February 24, 2011, the Defendant transferred the Plaintiff to the military register of public health doctors according to the results of allocating officers in the field of compulsory duty in 2011 by the Minister of National Defense.
C. On April 19, 201, the Plaintiff filed a civil petition of this case, before the Ministry of National Defense amended by Ordinance of the Ministry of National Defense No. 728, Feb. 14, 201; hereinafter “former Rules on Draft Physical Examination”).
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