병역처분 변경거부처분 등 취소
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 August 18, 1998, the plaintiff was judged to be subject to physical grade 1 in a physical examination for conscription, but postponed enlistment until November 2004 on the ground that he was enrolled in a university. After acquiring a doctor's qualification, he applied for a medical officer candidate and was enrolled on the military register of medical officer candidates on March 9, 2005. 2) On December 8, 2008, the plaintiff filed an application for reduction of and exemption from military service with the defendant on December 12, 2008 when he completed the training course at a Busan University Hospital, and the defendant rejected the above application for reduction of and exemption from military service on the 12th of the same month, and the Busan District Court dismissed the plaintiff's claim on July 9, 2010 and the judgment above became final and conclusive on May 26, 2011.
B. On February 26, 2010, when the above lawsuit was pending, the Plaintiff filed an application for change of the assignment of military service on the ground of the Diplomatic verterate (hereinafter “instant refusal disposition”). On April 26, 2010, the Central Physical Examination Center rendered a decision of physical grade Grade IV after conducting a detailed physical examination for the Plaintiff. When the Plaintiff raised an objection, the Defendant submitted the objection to it to the Central Physical Examination Committee for the Determination of Physical Grade IV to the Central Physical Examination, and the said Committee maintained the Plaintiff’s military register of medical officer candidates on May 12, 2010 following the defect of physical grade Grade IV to the Plaintiff (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 being amended by Ordinance of the Ministry of National Defense No. 728, Feb. 14, 201, of the former Rules on Inspection of Physical Examination, etc. for Military Service (amended by Ordinance of the Ministry of National Defense No. 728, Feb. 14,
The authoritative interpretation is to determine where the diveebrate in the upper Do corresponds to physical grade 4 or 5.