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(영문) 수원지방법원 2015.01.29 2014구합2653
징병신체검사신체등위3급판정처분 취소
Text

1. The Defendant’s disposition of notification to enlistment in active duty service as of June 24, 2014 against the Plaintiff shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff was assigned to the first citizen service on January 1, 201 and was subject to a judgment of physical grade VII (seven months of healing period) on the ground that it falls under the cases where the progress observation is required due to psychotropic spirit and disease in the draft physical implemented on August 23, 2011. On March 23, 2012, the Plaintiff was subject to a judgment of physical grade VII (four months of healing period) on the ground that an additional observation is needed for the progress observation of food infection in the draft physical implemented on March 23, 2012, and was subject to a disposition of enlistment in active service from the Defendant after being assigned to the first citizen service in the draft physical conducted on August 2, 2012.

B. On August 8, 2012, the Plaintiff filed an application with the Defendant for change of the above disposition of military service on the grounds of physical behavior disorder, boundary line function, and lack of caution, etc., and the Defendant requested the Central Physical Examination Center to conduct a close inspection of the Plaintiff.

C. On September 12, 2012, the director of the National Physical Examination Center requested the director of the Han River Hospital to conduct an entrusted psychological test on the Plaintiff. On November 22, 2012, the director of the Han River Hospital requested the director of the National Institute of Han River to conduct a psychological test on the Plaintiff. On November 22, 2012, the director of the National Institute of Han River Hospital submitted the result of summary diagnosis to the director of the National Institute of Han River Hospital: (i) intelligence index 7, (ii) self-centered, i-centered, and notarial capacity fall; (iii) the group life is at issue; (iv) R/ODD(s) the lack of excessive behavioral disorder; (v) R/ODD(s/O Depres), NOS(s) the lack of subjective pressure, and (iv) the social inconvenience or uncertainty of people, and (iv) his/her subjective character, and (iv) his/her relationship with the public prosecutor’s emotional relationship. On the other hand, he/she submitted the results of summary diagnosis to the director.

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