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(영문) 대구지방법원 2015.11.24 2015구합22570

현역병입영처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On November 8, 2005, the Plaintiff was judged at Physical Grade III as a result of the draft physical examination, and was assigned to be enlisted for active duty service by the Defendant, but the enlistment was postponed until November 16, 201 on the ground that he was enrolled in a university.

The date of the first enlistment and military units: The date of the second enlistment and military units whose disease date has been postponed due to the eromatic eromatic erogens from May 2, 201 to June 30, 201: the date of the second enlistment from November 28, 2011 - the date of the third enlistment from November 28 to February 25, 2012 from November 28, 2011 to February 25, 2012: the third military unit during the period of the second enlistment from November 28, 2011 - the date of the second enlistment from October 5, 201 - the date of the second enlistment from October 201 to June 3, 2013 to the date of the second enlistment from March 20, 2013 to the date of the second enlistment: The date of the second enlistment from December 20, 2013 to the date of the second enlistment from March 21, 2013.

B. The Defendant notified the Plaintiff of the postponement period of enlistment on the ground of the Plaintiff’s university attendance to the active duty service, but the Plaintiff applied for postponement of the enlistment date on five occasions as follows.

C. On April 17, 2014, the Defendant notified the Plaintiff of the second enlistment in active duty service, and the Plaintiff enlisted in the Army Training Center on June 9, 2014, but was subject to measures for returning home on June 13, 2014 due to psychological instability (0 months).

After that, as a result of a physical examination conducted at the Daegu regional military manpower office on July 14, 2014, the Plaintiff received a disposition of military service for persons subject to the seventh grade physical reexamination (three months of healing period) due to psychotropic illness and received a final disposition of military service from the Defendant on April 21, 2015 after the treatment period has expired.

E. Accordingly, on June 8, 2015, the Defendant notified the Plaintiff of the enlistment in active duty service on July 27, 2015.

(hereinafter “instant disposition”).