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(영문) 창원지방법원 2019.04.17 2018구합508

사회복무요원소집대상병역처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On September 3, 2004, the Plaintiff was determined as Grade III as a result of a draft physical examination by the Daegu North Korean regional military manpower office, and was assigned to military service for those subject to enlistment in active duty service.

The Plaintiff applied for a change in the military service disposition on the ground of “institutional consciousness,” while delaying the date of enlistment for various reasons. On December 10, 2015, the Plaintiff was determined as class 4 of physical grade and was subject to a change in the military service as a result of a draft physical examination by the Daegu Northern District Military Manpower Office, on the ground that it constitutes “institutional consciousness.”

B. On April 18, 2016, the Plaintiff filed an application with the Defendant for revision of the disposition of military service on the ground that “the erode of the erode, the erode disorder of the erode, the erode disorder, and the erode salt accompanied by the fic quantity.” On September 13, 2017, the Plaintiff was found to have been judged to have been physical grade 4 on the ground that the examination conducted on September 13, 2017 constituted “the erode of the erode” (amended by Ordinance of the Ministry of National Defense No. 950, Feb. 1, 2018; hereinafter “instant Rules”) under Article 11(1) [Attachment 2] of the former Rules

Accordingly, on September 18, 2017, the Defendant rendered the instant disposition of military service subject to call-up to social work personnel service (hereinafter referred to as “instant disposition”).

C. On September 26, 2017, the Defendant issued a notice to the Plaintiff to comply with the call-up to social work personnel service as Kimhae-si (hereinafter “instant call-up disposition”). D. The Plaintiff filed an administrative appeal seeking revocation of each of the instant dispositions with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the said appeal on May 15, 2018.

2. Whether each of the dispositions of this case is legitimate

A. The Plaintiff asserted that the Plaintiff did so due to disease, such as chromatic disorder and dypitis accompanied by chromatic disorder and crypitis, but has continued to restrict the general activities of crypology and crypology until now, and has ability to exercise.