생계곤란병역감면부결처분취소 등
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 October 16, 2009, the Plaintiff was determined as Grade I in physical grade as a result of the draft physical examination, and was assigned to be enlisted in active service, and the date of enlistment was postponed on four occasions from December 14, 2010 to February 21, 2014 on the ground of university career planning, child rearing, and disease.
B. On October 24, 2014, the Plaintiff submitted the reduction of and exemption from military service due to difficulties in maintaining livelihood, and the Defendant, on January 16, 2015, recognized that the Plaintiff constituted a person eligible for the reduction and exemption from military service in the second militia service.
However, the Commissioner of the Military Manpower Administration ordered the Defendant to conduct a reinvestigation on November 2, 2015 after conducting a special audit, and the Defendant revoked the disposition of enlistment in the second militia service against the Plaintiff on January 19, 2016.
Although the plaintiff filed an administrative lawsuit against this, the plaintiff was dismissed (Seoul High Court 2017Nu63872). The plaintiff appealed but the decision was affirmed (Seoul High Court 2017Nu63872).
C. After that, from October 31, 2017 to January 14, 2018, the Plaintiff postponed the date of enlistment on the grounds of raising a child, and again filed an application for reduction of and exemption from military service due to difficulties in maintaining livelihood on April 11, 2018.
On September 19, 2018, the defendant investigated the plaintiff's domestic matters, etc. and requested deliberation by the difficult livelihood deliberation committee, and the deliberation committee decided that the plaintiff is not eligible for military service exemption.
Accordingly, on September 21, 2018, the Defendant rejected the Plaintiff’s application for military service reduction or exemption due to difficulties in maintaining livelihood (hereinafter “instant refusal disposition”) on the ground that “the Plaintiff’s family members cannot be deemed to have lived differently with the Plaintiff’s family members (including the Plaintiff’s family members) and the amount of support and revenue exceeds the criteria for military service reduction or exemption.”
In addition, on October 29, 2018, the Defendant rendered the Plaintiff a notice of enlistment in the full time reserve service on December 24, 2018, and “instant enlistment disposition” (hereinafter “instant enlistment disposition”) and combined with the instant disposition of reduction and exemption.