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(영문) 인천지방법원 2015.05.29 2014구합797
병역감면거부처분의취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff, B, was transferred to the first citizen service on January 1, 2004. On May 24, 2005, the Plaintiff was determined as a person to be enlisted in the active service after being judged as a physical grade 1 in a physical examination for conscription on May 24, 2005. On January 18, 2010, the Plaintiff was changed to supplemental service upon being judged as a physical grade 4 on the ground of disease (persons eligible

B. The Plaintiff was subject to a disposition of postponement of the date of enlistment in active duty service on the grounds that the Plaintiff applied for an examination for 78 days from June 15, 2006 to August 31, 2006 on the grounds that he was enrolled in a university for 131 days from December 7, 2006 to April 16, 2007, and was subject to a disposition of postponement of the date of enlistment in active duty service on the grounds that he was enrolled in a university for 131 days from April 7, 2006 to April 16, 2007.

In addition, the Plaintiff was subject to postponement of the disposition of the call-up of public duty personnel for 30 days from April 28, 201 to May 27, 2011 due to domestic adjustment (in the case of the hospitalization of father C alcohol, during the hospitalization of father C alcohol, during the flex period) for 30 days from September 15, 201 to October 14, 201, due to domestic adjustment (parent disease) for 30 days from September 15, 201, 6th of December 22, 201 to December 29, 2011, and 7th of March 26, 201 to 8 days from June 21, 2012.

In the end, the Plaintiff was subject to a disposition of postponement of the enlistment date or the public interest service personnel call for seven times.

C. The Defendant, whose final period of postponement expires, issued a call-up notice to the public interest service personnel service (the call-up date: November 29, 2012) to the Plaintiff.

Accordingly, on November 28, 2012, the Plaintiff submitted a reduction or exemption of military service for reasons of difficulty in maintaining livelihood pursuant to Article 62(1)1 and (2) of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013; hereinafter the same).

The defendant is against the plaintiff from November 29, 2012 to February 21, 2013.

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