생계곤란병역감면거부처분취소 및 상근예비역입영처분취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On January 1, 2006, the Plaintiff was assigned to the preliminary military service and became a person subject to military service, and was assigned to the enlistment in Grade II on November 14, 2007, but was assigned to military service as a person subject to enlistment in Grade II on November 14, 2007. However, from November 14, 2007 to January 1, 2012, the date of enlistment was postponed for 142 days on the grounds of university attendance, qualifying examination, disease treatment, etc.
On November 30, 2012, the Plaintiff was assigned to the second-class and second-class enlistment in the military through a follow-up draft physical examination. However, from August 14, 2013 to May 10, 2015, the date of enlistment was postponed again for 588 days due to a ground for raising children.
B. On February 25, 2016, the Plaintiff submitted to the Defendant a reduction or exemption of military service due to difficulties in maintaining livelihood, and the Defendant examined the date of enlistment ex officio, but did not submit explanatory materials, and returned.
After that, on July 4, 2016, the Plaintiff again submitted to the Defendant a reduction or exemption of military service due to difficulties in maintaining livelihood. After ex officio extension of the date of enlistment, the Defendant rejected the reduction or exemption of military service provision on November 9, 2016 on the ground that the Plaintiff’s parent and sibling (one married woman and two male and female children) who is under six years of age are not actually sharing livelihood. If the Plaintiff’s family’s property includes KRW 250,00,000 of the Plaintiff’s claim amount, the Plaintiff’s property is 419,616,984 (the base amount exceeds KRW 87,70,00,000, and the base amount exceeds KRW 331,916,984) and the income is 4,418,856 won (the base amount, KRW 3,973,69, KRW 45,487, et al.) (hereinafter “the reduction or exemption provision”).
C. On December 15, 2016, the Plaintiff applied for the selection of a person eligible for call-up for full-time reserve service on the grounds of his father-child care, and was assigned to military service as a person eligible for enlistment
On the same day, the defendant issued a notice of enlistment in the full time reserve service to the plaintiff on January 16, 2017, and hereinafter the same day.