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(영문) 수원지방법원 2019.07.18 2019구합218

생계곤란 병역감면거부처분취소 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On February 21, 2010, the Plaintiff was determined as Grade I as a result of a draft physical examination, and on April 5, 2010, the Plaintiff was determined as Grade II after undergoing a follow-up draft physical examination on around 2015, and was determined as Grade II. From May 11, 2011 to November 3, 2016, the date of enlistment was postponed on the grounds of university career study, university students, and child care.

B. On July 27, 2017, the Plaintiff was selected as a person to be called to full-time reserve service and received a notice of full-time enlistment on September 14, 2017, and returned to the Republic of Korea on September 15, 2017 after having enlisted in the army on September 14, 2017, but the disposition of military service was not changed even after having undergone

C. From February 19, 2018 to May 24, 2018, the Plaintiff postponed the date of enlistment on the grounds of short-term travel and submitted a reduction or exemption of military service to the reasons for difficulty in maintaining livelihood on July 4, 2018.

On November 30, 2018, the defendant investigated the plaintiff's domestic matters, etc. and requested deliberation by the difficult livelihood deliberation committee, and the above deliberation committee decided that the plaintiff does not constitute a person eligible for reduction and exemption from military service.

Accordingly, on November 30, 2018, the Defendant rendered a disposition rejecting an application for military service reduction or exemption due to difficulties in maintaining livelihood (hereinafter “instant refusal disposition”) on the ground that “the Plaintiff appears to have resided separately in the marriage, but the Plaintiff’s property and revenue appears to have the ability to assist the obligor’s family, it shall be included in the family to which the obligor is obligated to support, and the amount of support and property and revenue exceeds the criteria for military service reduction or exemption.”

On January 10, 2019, the Defendant issued to the Plaintiff a notice of enlistment in full-time reserve service (on February 26, 2019, hereinafter “the date of enlistment”) with respect to the instant enlistment disposition, which refers to the instant refusal disposition and the instant enlistment disposition, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

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