전문연구요원 편입취소 처분의 취소
The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On February 18, 2013, the Plaintiff was judged as having been subject to a call-up to social work personnel service on February 18, 2013.
B. On March 1, 2009, the Plaintiff entered the Global Convergence Engineering Department of C University on November 6, 2014, and entered the same department and doctoral degree integration process on September 1, 2016, and on September 1, 2016, a technical research summary for the major field (research tasks) as a virtual reality, workplace under the name of Cuniversity D Building E, F, and the period of service from September 1, 2016 to August 31, 2019.
As a member, the member started his service.
C. From July 26, 2019 to September 17, 2019, the Defendant conducted an investigation into the actual status of the Plaintiff’s service, and on November 4, 2019, upon incorporation into “the Plaintiff,” the Defendant violated Article 39(3) of the Military Service Act by failing to serve in the relevant field of the designated entity [the Plaintiff] during the period from June 1, 2018 to July 26, 2019, G Co., Ltd. (hereinafter “instant company”) (hereinafter “instant company”)’s personnel, business instructions, accounting, etc., other than the pertinent field of research and decision-making] and violated Article 40 subparag. 2 and Article 41(1)4 of the Military Service Act.
The disposition to cancel the original incorporation (hereinafter referred to as "the disposition in this case") was taken.
[Reasons for Recognition] Unsatisfy, Gap evidence 2 through 4, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. Articles 40 subparag. 2 and 41(1)4 of the Military Service Act asserted by the Plaintiff are deemed to have failed to serve in the corresponding field of the military service-designated entity at the time of incorporation, a summary of specialized research is limited to “only.”
It shall be stipulated that the incorporation shall be revoked, and an analogical interpretation or expanded interpretation shall not be permitted.
The Plaintiff, while commuting to and from a designated research place, performed virtual reality-related research and actually performed research tasks designated through the thesis and patent application and registration, cannot be deemed as having been engaged in the relevant designated entity at the time of its transfer.
On the other hand, the plaintiff's research task and the business of the company of this case.