병역감면거부처분취소 및 예비역입영처분취소
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, 2005, the Plaintiff was assigned to the preliminary military service and became subject to military service. The Defendant notified the Plaintiff of the draft physical examination on August 7, 2006, but the Plaintiff requested postponement of the draft physical examination on the grounds of short-term travel from November 25, 2006 to April 30, 2007, and delayed the draft physical examination on the grounds of two thousand and twenty-four years of age prior to departure, travel, study, etc. < Amended by Act No. 11358, Dec. 31, 2012>
B. On January 18, 2013, the Plaintiff received a disposition of enlistment in Grade 2 as a person subject to enlistment in Grade 2 on the grounds of raising children from April 8, 2013 to April 8, 2014, and extended enlistment for the total period of 730 days from January 26, 2016.
On October 24, 2014, the Plaintiff submitted an application for the selection of persons eligible for call-up for full time reserve service and received a disposition of military service as those eligible for full time reserve service.
C. On May 2, 2016, the Defendant issued a written notice of enlistment (on June 21, 2016, the date of enlistment) to the Plaintiff, who is a person subject to separate enlistment for full time reserve service, but the Plaintiff submitted the reduction and exemption of military service on May 31, 2016.
As a result of the examination by the Military Service Reduction and Exemption Regulations (hereinafter “Rules on Military Service Reduction and Exemption”), the Defendant met the requirements for support expenses and monthly income as prescribed by the Plaintiff’s Regulations on Military Service Reduction and Exemption. However, the Plaintiff, as external children, owned the apartment house of 30 square meters (the officially announced land price of 144 million won) and received monthly income of 30 million won and it is difficult to view the Plaintiff as a family member who does not actually live together. If the parents are included in his family, the amount exceeding the standard amount of property of the Regulations on Military Service Reduction and Exemption (the standard amount of 87,700,000, the calculation amount of 224,987,160 won (the Plaintiff’s property 18,921,353 won (the amount of 206,065,80 won) and the standard amount of 137,287,160 won). ② The Plaintiff was selected as a spouse for a large period of 10 years for the full-time reserve.