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(영문) 창원지방법원 2020.08.27 2019구합437
사회복무요원 소집대상 병역처분 취소등
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of disposition;

A. On October 28, 2013, the Plaintiff received a disposition of military service assignment from the director of the regional military manpower office in Korea for physical grade III as a result of the draft physical examination.

On the grounds that the date of enlistment was postponed for various reasons, the Plaintiff filed an application for change of military service disposition with the director of the Military Manpower Administration, the head of the Dong-nam District Military Affairs Administration on the ground that the disease was “disease,” and on December 18, 2017, the previous assignment of military service subject to enlistment was maintained upon the determination

B. On December 4, 2018, the Plaintiff was determined as Grade IV as a result of the follow-up draft physical examination. Accordingly, the Plaintiff was issued a disposition of military service subject to call-up to social work personnel service on December 6, 2018 from the director of the regional military manpower office having jurisdiction over the Plaintiff.

On April 16, 2019, the director of the regional military manpower office of the defendant Gyeong-nam regional military manpower office decided on May 20, 2019 that the date of convening the social work personnel was the date of convening the plaintiff.

C. On May 9, 2019, the Plaintiff filed an application for change of military service disposition with the director of the regional military manpower office in Korea, on the ground of “disease”.

However, as at the time, the director of the regional military manpower office at the time, the defendant Gyeong-nam regional military manpower office conducted a draft physical examination against the plaintiff on May 17, 2019, and the result of the examination conducted by the plaintiff on May 17, 2019, the plaintiff is entitled to receive the draft physical examination in attached Table 3 [Attachment 3], such as the draft physical examination, and the degree and evaluation criteria of illness and mental disorder (hereinafter “the evaluation criteria of this case”).

B. A physical grade 4 was determined on the ground that the Plaintiff constitutes “2”. D) The Plaintiff raised an objection to the director of the regional military manpower office in Busan, and the director of the regional military manpower office in Busan, the director of the regional military manpower office in May 20, 2019, extended ex officio convening a social work personnel service for the Plaintiff, and requested a close inspection to the Central Physical Examination Office affiliated with the Military Manpower Administration on July 1, 2019. The Plaintiff, from the Central Physical Examination Office in July 1, 2019, filed the instant assessment criteria “P 182”, “Isty spathy, spathy, credit spathy, and other ornamental infection”.

A judgment of Physical Grade IV was issued on the ground that it falls under "...."

Accordingly, the defendant.

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