현역병 입영대상 병역처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On November 29, 2007, the Plaintiff was assigned to active duty service in physical grade 2 as a result of the draft physical examination, and was notified four times from the Defendant, but extended enlistment in active duty service by February 17, 2012 due to the scheduled university career study, college natural studies, etc.
B. The Plaintiff was assigned to active duty service in physical grade 3 after having received the second draft physical examination in 2012, and was notified eight times from the Defendant, but the Plaintiff delayed enlistment in active duty service until September 27, 2017 due to the application for a qualifying examination, difficulty in livelihood, illness, etc.
(730 days in total). (c)
On October 11, 2017, the Defendant again submitted to the Plaintiff a change in the assignment of military service on the grounds of a disease. On October 18, 2017, the Plaintiff submitted to the Defendant a change in the assignment of military service on the grounds of the disease, and on October 18, 2017, the former Rules of Inspection (amended by Ordinance of the Ministry of National Defense No. 950, Feb. 1, 2018; hereinafter “Rules of Inspection”) [Attachment 2] 399.
As of the same day, the defendant was judged to be in physical grade 3 by the defendant and was assigned to active duty service.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1, 7, and Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is a person whose opening volume is not more than 25 meters, and the inspection rules [Attachment 2] 399. A.
2)(b) or 399.0
2) be grade IV in accordance with sub-paragraph (b).
Nevertheless, the Rules of Inspection [Attachment 2] 399 E to the Plaintiff.
The instant disposition based on the premise that the instant disposition is class 3 of the physical grade by applying the B shall be revoked as it is unlawful.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. On August 22, 2012, the Plaintiff received dental treatment from the Busan National University Hospital on August 22, 2012, and thus, the maximum number of dental instruments (MCO, Maxim Joints) is 18 meters, flusium AR within the scope of flusium AR and Act.