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(영문) 수원지방법원 2021.01.21 2019구합73612
생계유지곤란사유병역감면거부처분 취소 청구의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

The Plaintiff was assigned to the preliminary military service and became eligible for military service. On November 13, 2009, the Plaintiff was assigned to the military service determination prosecutor, but was assigned to the military service in physical grade 3, but was assigned to the military service. However, on the ground that he was enrolled in the college from November 13, 2009 to August 27, 201, the Plaintiff was enlisted on the ground that he applied for the qualification examination from November 16 to December 22, 2010 on the ground that he was enrolled in the college from June 7, 2011 to September 21, 201, on the ground that he did not take an open competitive recruitment examination from June 18, 201 to September 29, 201 on the ground that he was enrolled in the military on the ground that he was enrolled in the college from November 15, 2011 to December 7, 2011, from March 1, 2015 to December 14, 2015.

On February 17, 2010, the Plaintiff submitted a revised military service disposition on the ground of dental diseases. On December 17, 2014, the Plaintiff was subject to a re-military service judgment pursuant to Article 14-2 of the Military Service Act, but all of the 3rd level military service dispositions were maintained.

On November 1, 2018, the Plaintiff submitted a revised military service disposition to the Military Training Center on November 26, 2018, and changed the disposition for military service subject to class-I social service on November 26, 2018. On February 7, 2019, the Plaintiff enlisted in the Army Training Center, but retired.

On October 30, 2015, the Plaintiff married with his spouse B, and on April 20, 2016, purchased a house located in Gwangju City (hereinafter “instant house”) and resides together with B, children D (E), F (G livelihood), and H (I).

On May 8, 2019, the Plaintiff submitted to the Defendant a reduction or exemption of military service due to difficulties in maintaining a livelihood. The call date was postponed from May 9, 2019 to August 22, 2019. However, on August 22, 2019, the Defendant: (a) on the ground that the Plaintiff’s property exceeds the standard of reduction or exemption of military service; (b) Article 62 of the Military Service Act; (c) Article 130 of the Enforcement Decree of the former Military Service Act (amended by Presidential Decree No. 30806, Jun. 30, 2020; hereinafter the same shall apply); (d) the provision on the reduction or exemption of military service for those who have difficulties in maintaining their livelihood (amended by Ordinance of the Military Manpower Administration No. 1575, Jun. 28, 2019; and (c) the former.

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