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(영문) 서울행정법원 2017.08.10 2016구합7828

사회복무요원소집대상 병역처분 취소

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 September 18, 2006, the Plaintiff was a male who was born in 1987, and obtained a judgment of physical grade 2 and a disposition of military service subject to enlistment in active duty service under Article 12 of the former Inspection Rules (amended by Ordinance of the Ministry of National Defense No. 851, Jan. 21, 2015; hereinafter “former Draft Physical Regulations”). From November 6, 2007 to July 29, 2012, the Plaintiff used 730 days of grace days for postponement of the date of enlistment due to a university’s preliminary examination for qualifying examination for education, a national notice of an application for a national examination for examination for exemption from illness, a chronic flood control infection, and a waiting departure from the military.

B. The Plaintiff was enlisted in the army on August 28, 2012 but was taken for returning home, and the results of the physical examination conducted on August 30, 2012 were classified as a result of the draft physical examination conducted on August 30, 2012 as a result of the need for observation for the future period of time, and was judged as physical Grade VII.

C. As a result of the physical examination conducted on November 30, 2012, the Plaintiff was classified as “the physical grade VII” subject to the reexamination for six months from the recovery period on the ground that the follow-up observation is necessary. The result of the physical examination conducted on November 4, 2013 following the entrustment of the psychological examination conducted on November 4, 2013, on the ground that it constitutes “other mental disorder-do” under [Attachment 2] 96(b) of the former Rules on the Physical Examination, and was assigned a military service disposition subject to the call-up of public duty personnel.

On March 27, 2014, the Plaintiff was admitted to the Army Training Center and was in need of observation of the psychotropic progress as a result of the physical examination conducted on March 31, 2014. On May 2, 2014, the Plaintiff was judged to be in physical Grade VII and was judged to be in physical grade Grade VII on the same ground as that of the reexamination conducted on May 2, 2014.

E. On November 25, 2015, the Plaintiff’s physical grade IV on the ground that the results of the physical examination conducted on November 25, 2015 constituted “other mental disorder-do”.