A. Although the plaintiffs A could not enlist in the military because they fall under physical grade Grade V above the left-hand elbow, they were erroneous draft physical by the defendant's doctors in exclusive charge of draft physical (physical examination) belonging to the Daejeon District Military Manpower Office and military service disposition based on this, they were discharged from active duty service.

Accordingly, the Defendant is liable for damages, and the Plaintiff A seeks payment of consolation money of KRW 73,465,436 (i.e., lost income of KRW 63,465,436 + 10,000 + 10,000,000). Plaintiff B seeks payment of consolation money of KRW 7,000,000, and damages for delay. Plaintiff C seeks payment of consolation money of KRW 3,00,000 and damages for delay.

B. (1) The doctors in exclusive charge of draft physical, etc. who are public officials of the Defendant in charge of the Military Manpower Administration verified whether the Plaintiff’s body was above the body of the Plaintiff according to the procedures prescribed by the relevant Acts and subordinate statutes, such as the Military Service Act, but did not notify the Plaintiff of the abnormal condition of the Plaintiff A’s left-hand blue, and based on the actual situation of the draft physical procedure, the Plaintiff could not discover the Plaintiff’s body

Even if there is no intentional or negligent violation of the duty of care, and there is no causal relationship between the violation of the duty of care and the enlistment of Plaintiff A.

In other words, the defendant's tort cannot be established in the draft physical for the plaintiff A.

It is against the principle of good faith to claim damages against the defendant in this case after he completed military service by joining the Marine Corps A in lieu of his body and completing military service.

Article 22(1) of the Act on the Protection of Marine Corps shall be set off in consideration of the circumstances where the plaintiff A did not notify his body or more and completed military service on the Marine Corps, and the benefits that the plaintiff A received while serving on the Marine Corps shall be set off.

2. Occurrence of and restrictions on liability for damages;

가. 인정사실 ⑴ 원고 A의 장애와 현역병 입대 등 ㈎ 원고 A은 군 입대 전부터 좌측 전완부 팔꿈치에서...