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(영문) 서울행정법원 2017.09.28 2016구합8982

현역병입영대상 병역처분취소 및 현역병입영처분취소

Text

1. The Defendant’s assignment to enlistment in active duty service to the Plaintiff on March 8, 2016 and enlistment in active duty service on November 3, 2016.

Reasons

1. Details of the disposition;

A. As a result of a physical examination for conscription on June 22, 2006, the Plaintiff obtained a judgment of physical grade 1 and a disposition of military service subject to enlistment in active duty service on the basis thereof, and thereafter postponed enlistment on the grounds of qualifying examination, disease, short-term travel, national notice, etc. by April 23, 2014.

B. On April 24, 2014, the Plaintiff submitted to the Defendant a change in assignment of military service on the ground of a psychopsychological disease. As a result of the physical examination, the Plaintiff was determined as physical grade 7 and recovery period 6 months on the ground that it needs to observe the psychopsychological disorder, and was subject to a follow-up physical examination. On November 18, 2014, the Plaintiff received the same judgment as a result of the physical examination conducted on November 18, 2014, and was determined as physical grade 7 and recovery period 5 months.

C. On November 25, 2015, the Defendant requested the Central Physical Examination Center to conduct a precise physical examination. On February 16, 2016, the Central Physical Examination Center requested the head of the Seoul Science Research Institute to conduct an entrusted examination on the Sertraline and Mataz capital prescribed by the Plaintiff for the assessment of the Plaintiff’s treatment compliance order. On March 4, 2016, the Seoul Science Research Institute reported the results of the examination on “Sttline and Matazine was not detected,” and other detected was detected, and on March 8, 2016, the Central Physical Examination Center reported the results of the examination. On March 8, 2016, the Plaintiff reported the degree of mental disorder and evaluation criteria for disease (hereinafter referred to as “instant evaluation criteria”) to the Plaintiff. In light of the degree of mental disorder and the evaluation criteria (hereinafter referred to as “pactic disorder and the evaluation criteria”) under Article 11(1) [Attachment 2] subparag. 98(b) of the Rules on the Physical Examination, etc.

Accordingly, on March 8, 2016, the Defendant rendered a disposition of military service to the Plaintiff, subject to enlistment in active duty service (hereinafter referred to as “instant disposition of military service”), and notified the Plaintiff of enlistment in active duty service on April 12, 2016.

E. The Plaintiff on April 20, 2016.