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(영문) 인천지방법원 2018.07.12 2017구합55354
사회복무요원소집대상 처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. As a result of the physical examination conducted on June 5, 2007, the Plaintiff was determined as Grade I and was subject to a disposition of military service for active duty service. On February 28, 2013, the Plaintiff was determined as Grade II as a result of the physical examination conducted on February 28, 2013, and was subject to a disposition of military service for active duty service.

On February 10, 2017, the Plaintiff filed an application for change of a military service disposition on the grounds of “unexplosion and fladial shot,” and received a physical examination on September 12, 2017, and accordingly, the Plaintiff was judged at Grade 4 on the ground that the Plaintiff falls under “the number and shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot (hereinafter “instant disposition”). Accordingly, on October 25, 201

[Ground of recognition] Evidence Nos. 1, Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion is unlawful in the disposition of this case based on the premise that the plaintiff's physical grade falls under class 4, since the plaintiff's physical grade is not suitable for performing his duty of military service as a social work personnel since it impedes walking due to pains caused by the building of the floor.

(b) as shown in the attached Form of the relevant statutes;

C. Article 12(1)1, 2, and 3 of the Military Service Act provides that a doctor exclusively in charge of the draft physical examination who has conducted a physical examination shall be determined by Ordinance of the Ministry of National Defense, and Article 12(1)1, 2, and 3 of the same Act provides that a person who is healthy enough to perform active or supplemental service shall be determined by Grade I, 2, 3, or 4, according to physical condition and the degree of health of the person who is unable to perform active or supplemental service, but a person who is capable of performing active or supplemental service in the second citizen service shall be determined by Grade V, or a person who is incapable of performing military service due to illness or mental or physical disorder shall be determined by Grade VI, and Article 14(1)1, 2

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