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(영문) 서울중앙지방법원 2014.08.21 2012가단173582

손해배상(기)

Text

1. The Defendant’s KRW 25,00,000 as well as 5% per annum from February 16, 2012 to August 21, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. In 2010, the Plaintiff applied for the Military Academy of B University at a regular and regular university entrance examination, and was selected as military scholarship students upon passing a first grade examination in a physical examination conducted on December 30, 2009. From March 2010, the Plaintiff received education at the Military Academy of B University from the Military Academy of Korea.

B. On November 18, 201, when the Plaintiff attended the second year, it was confirmed on November 18, 201 that the blood plate value was lower than normal, in a regular physical examination for military scholarship students. On January 12, 2012, the Plaintiff was diagnosed as a self-refluence for the decrease in the blood plate.

C. On February 16, 2012, the Defendant: (a) deemed that the Plaintiff’s failure to undergo a physical examination of a senior officer’s qualification was an ineligible person; and (b) issued a personnel order with respect to the removal of the Plaintiff from military scholarship students pursuant to Article 13 of the Military Scholarship Regulations.

On the other hand, on February 7, 2012, before being removed from the military scholarship students, the Plaintiff drafted a written confirmation to the effect that “to agree to be removed from the military scholarship students and not to raise any opinion or objection thereto in the future” (hereinafter “written confirmation of the instant case”).

E. However, the Military Department of B University is a civilian military academy created for the purpose of training officers, and if the status of military scholarship students is deprived, it cannot remain in the Military Department and automatically removed from the Military Department.

F. On December 18, 2012, the Plaintiff, who was removed from the Military Department of B University, was enlisted as a general private soldier on December 18, 2012 and was serving in military service as of the date of closing argument

G. Meanwhile, at the time when the Plaintiff was selected as a military scholarship student on December 30, 2009, he did not conduct the blood plate test.

After that, on November 5, 2010, the plaintiff's blood plate number entered the blood plate test item. The plaintiff's blood plate number was 100,000 for the prosecutor on November 5, 2010, 116,000 for the prosecutor on December 20, 2010, 88,000 for the prosecutor on December 27, 201, 10 for the prosecutor on December 27, 201, 200 only 10 for the prosecutor on November 18, 201, and 400,000 for the normal water (150,000).

H. However, the Plaintiff’s blood plate value.