1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On January 23, 2015, the Plaintiff was subject to a disposition of physical grade 3 active duty servicemen as a result of the physical examination for conscription, but the Plaintiff postponed enlistment on the ground of self-development.

B. On June 28, 2018, the Plaintiff filed an application for change of military service disposition on the ground of Atopy infection during the period of enlistment, and filed an objection against physical grade 3 with the result of physical examination conducted by the regional military manpower office around the period of enlistment.

다. 중앙신체검사소는 2018. 7. 11. 원고에 대한 정밀신체검사를 실시하고, 원고의 아토피성 피부염 병변이 전체 체표 면적의 15%에 미달하여 구 병역판정 신체검사 등 검사규칙(2018. 9. 17. 국방부령 제968호로 개정되기 전의 것, 이하 ‘이 사건 규칙’이라고 한다) 제11조 제1항, [별표 3] 질병심신장애의 정도 및 평가기준 제111호 ㈎목의 ‘경도의 아토피성 피부질환이나 이에 준하는 재발성 피부염’에 해당한다고 보아 신체등급 3급 판정을 하였다.

Accordingly, on July 16, 2018, the Defendant rendered to the Plaintiff a disposition of military service subject to enlistment in active duty service (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without any dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 3, 4, 10, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s instant disposition is unlawful for the following reasons.

1 The central physical center did not use the official formula of 'nines of the Act of the Korea Centers for Disease Control and Prevention or the Ministry of Health and Welfare', which is publicly notified by the Korea Centers for Disease Control and Prevention or the Ministry of Health and Welfare at the time of the precise physical examination for the plaintiff, and determined that the body size of the Atopy-Brart of the body surface of the D-Browndo, which is under the influence of the doctor exclusively in charge of the draft physical examination for the plaintiff, was insufficient.

Therefore, the judgment of physical grade 3 against the plaintiff at the central physical examination center, which is the premise for the disposition of this case, is unlawful.

2. The Plaintiff also completed the high school due to Atopy infection.