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(영문) 서울행정법원 2015.04.24 2014구합267
병역처분취소
Text

1. The disposition of military service rendered by the Defendant to the Plaintiff on October 16, 2013 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On November 20, 2012, the Plaintiff was determined as physical grade IV due to a personality disorder and behavior disorder, and was subject to disposition on January 17, 2013.

B. A precise inspection conducted by the Central Physical Examination Office on September 4, 2013 conducted a physical grade IV. Moreover, the Central Physical Examination Review Committee held on September 30, 2013 also held on the grounds that the Plaintiff had a physical grade IV, and Article 11(1) [Attachment 2] of the Rules on Inspection of the Physical Examination, etc. for Military Diseases (hereinafter “Examination Rules”) of the Plaintiff’s Rules on the Inspection of the Physical Examination for Military Diseases (hereinafter “Examination Rules”).

(c)the physical grade was determined as Grade IV on the ground that it falls under the Heavy Grade IV;

C. Accordingly, on October 16, 2013, the Defendant designated the Plaintiff as a person to be a public interest service personnel call as before.

(hereinafter referred to as “instant disposition”). [Ground of recognition] Fact that there is no dispute, and entry of Eul Nos. 1 through 12

2. Whether the instant disposition is lawful

(a) as shown in the Attachment of the relevant statutes;

B. 1) From October 11, 2012 to November 6, 2012, the Plaintiff’s hospitalization details were as follows: (a) the Plaintiff’s hospitalization details were friendly stimule to the Tol University Stimule Hospital; (b) from November 7, 2012 to November 14, 2012; (c) the Plaintiff’s mental disorder from 20th day of hospitalization to 20th day of 20, 2012 to 3th day of 20, 2014 to 3th day of 20, 2013, and the Plaintiff’s mental disorder from 20 to 21th day of 20, 2013 to 3th day of 20, 2013 to 3th day of 20, 2014 to 3th day of 20, 2014 to 3th day of 20, 2014.

It is very very rough and uneasy, and it is difficult to save the lives of people.

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