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(영문) 서울중앙지방법원 2013.12.03 2013가단5014722

손해배상(국)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 8, 1984, the Plaintiff suffered from a congenital malutism and was under the operation of an artificial navigational investigation, and received a correction of the two Melel on April 16, 1985 (including the malutical colonism).

B. The plaintiff was subject to a disposition of enlistment in active duty service on November 14, 2003 after undergoing a physical examination for conscription on November 14, 2003 when he reached the age of 19, and was subject to a disposition of enlistment in active duty service on February 2, 2004, but the physical grade judgment was not changed.

C. On December 14, 2006, the Plaintiff submitted to the changed military service disposition and received a judgment of physical Grade II on the same day on the grounds that the Plaintiff fell under [Attachment 2] Article 11 [Attachment 2] of the Inspection Regulations, such as Physical Examination, etc. of the Military that was in force at the time of physical examination on December 28, 2006 (hereinafter “Rules”) and falls under Article 162-a (hereinafter “Evaluation Criteria”).

[Related Provisions] [Related Provisions] Article 12 (Determination of Physical Grades) (1) of the Military Service Act (including physical examinations for active duty servicemen), doctors exclusively in charge of the draft physical examination, doctors specialized in the draft physical examination, or military officers under Article 12-2 shall determine physical grade as follows:

(4) Guidelines for determining physical grade under paragraph (1) shall be prescribed by Ordinance of the Ministry of National Defense.

[Enforcement Decree of the Military Service Act] Article 17 (Disposition for Military Service, etc.) (1) of the Act shall be the date on which a draft physical examination or a physical examination for volunteers for active duty service is conducted.

Provided, That where a person who has undergone a physical examination at the Central Physical Examination Agency or at a military hospital is notified of the result, the disposition shall be taken.

(1) Article 11 of the Inspection Regulations (amended by Ordinance of the Ministry of National Defense No. 590 on January 26, 2006) (1) The degree of illness or mental or physical disorder of a person subject to physical examination shall be classified into Grade I, Grade II, Grade III, Grade IV, Grade V, Grade VI, Grade VI, and Grade VII, and the criteria for evaluation thereof shall be as specified in attached Table 2.

[Attachment 2] Criteria for the degree of mental and physical disorder of each subject (unit of class) shall be discharged from military service, and shall be discharged from military service and 147. He/she shall be discharged from military service or simple salary.