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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of disposition;
A. On March 16, 2010, the Plaintiff received a physical grade 1 in a draft physical examination (hereinafter “physical examination”) on March 16, 2010.
2) On November 14, 2018, at the hospital B, the Plaintiff was diagnosed as “marry marine” on the part of the head of the tree at the hospital B, and filed an application to change a military service disposition to the Defendant on November 20, 2018, and was judged as Grade II in the physical examination on the same day.
3) On June 29, 2019, the Plaintiff was diagnosed with the same sick person at C Hospital, and submitted to the Defendant an application for alterations in the disposition of military service on July 8, 2019, and was judged as Grade IV on July 10, 2019.
After August 22, 2019, the Plaintiff was judged to be in physical grade 4 due to the same reason in a physical examination conducted on September 17, 2019.
B. On September 17, 2019, the Defendant rendered a disposition of military service subject to the call-up of social service personnel (hereinafter “instant disposition”). / [Grounds for recognition] without dispute, the Defendant’s entire purport of the pleading, Gap 1, 2-2, Eul 1, and Eul 1
2. Article 11 of the Inspection Regulations (hereinafter “Rules of this case”) regarding the Plaintiff’s stuffed fluoral fluoral fluoral fluoral fluorite, the level of mental and physical disorder and the evaluation criteria for the degree of mental and physical disorder in the attached Table 3 [Attachment 3] set forth in subparagraph 212(b) of the Act on the Physical Examination, etc. of Military Service
The Plaintiff is not a person subject to enlistment in active duty service or supplemental service, and thus, the instant disposition that erroneously applied the criteria for military service is unlawful.
3. Attached statements to the relevant Acts and subordinate statutes;
4. Determination
A. Under Article 12(1)1, 2, and 3 of the Military Service Act, a doctor exclusively in charge of the examination and determination of the military service who conducted a physical examination shall be determined by physical examination as determined by Grade I, II, III, or IV, depending on the degree of body and psychological condition of a person who is physically healthy and capable of performing active or supplemental service, and a person who is unable to perform active or supplemental service but is capable of performing wartime labor shall be determined by Grade V, and a person who is unable to perform military service due to a disease or mental or physical disorder shall be determined by Grade VI.