징병신체검사판정처분취소등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On November 15, 2002, the Plaintiff (B) obtained a determination of physical grade 1 as a result of a physical examination for conscription and a disposition of military service for enlistment in active duty service, and thereafter postponed enlistment on the ground of university attendance.
On March 5, 2012, the Plaintiff filed an application with the Defendant to change his military service disposition on the ground of a damaged-type disorder, and was judged as physical grade 7 (8 months of recovery period) in a physical examination on the same day.
B. On November 6, 2012, the Defendant requested the Central Physical Examination Center to conduct a close inspection with the Plaintiff, and the medical specialists exclusively in charge of the draft physical examination at the Central Physical Examination Center determined the Plaintiff as physical grade 7 (six months of the healing period) on December 17, 2012. On June 17, 2013, a medical specialist exclusively in charge of the draft physical examination at the Central Physical Examination Center rendered a judgment of physical grade 3 on the grounds that the Plaintiff falls under item (b) of Article 11(1) [Attachment 2 of the Inspection Regulations (hereinafter “Inspection Rules”) of the “Extent and Criteria for Evaluation of Diseases, Mental and Physical Disability” under Article 10(1) [Attachment 2] of the “Rules on the Physical Examination, etc. of the Medical Examination at the National Physical Examination Center” (hereinafter “Rules on Personal Disability, etc.”).
C. On June 19, 2013, the Defendant determined physical grade as Grade III to the Plaintiff and rendered a military service disposition subject to enlistment in active duty service (hereinafter “instant military service disposition”).
On July 9, 2013, the Defendant notified the Plaintiff of enlistment by up to 14:00 on August 27, 2013, to 102. D.
On August 12, 2013, the Plaintiff applied to the Central Administrative Appeals Commission for a ruling on the instant disposition of military service and the enlistment notice given under the foregoing paragraph (c), but was dismissed on January 21, 2014.
E. On February 17, 2014, the Defendant notified the Plaintiff of the enlistment by up to 14:00 on March 25, 2014, that the Plaintiff will be enlisted in the army as supplementary 102.
(hereinafter “instant disposition of enlistment” and “instant disposition of enlistment” combined with the instant disposition of enlistment and the instant disposition of enlistment notice” (hereinafter “instant disposition”). 【No dispute exists with each other, Gap evidence 1 through 3, Gap evidence 5, Eul evidence 1, Eul evidence 2, and Eul evidence 8.