Whether a third citizen is exempted from military service or not.

Since the victim cannot be said to have been exempted from military service as a matter of course on the ground that he is the three readers, it cannot be said that he had been able to obtain the income by engaging in daily work in rural communities without going through the military service period from the time he reaches the age of 20.

Articles 20, 21, 59 of the Military Service Act, the proviso to Article 142 (1) of the Enforcement Rule of the same Act.

Plaintiff 1 and two others, Attorneys Park Jong-chul, Counsel for the plaintiff-appellant-appellee)

The Minister of Justice, the Minister of Justice, the Minister of Justice of the Republic of Korea

Seoul High Court Decision 79Na1961 delivered on February 29, 1980

The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal by the defendant litigant are examined.

According to the court below's decision, in calculating the passive damages of this case, the deceased non-party recognized the fact that he is the three readers based on the macro-Evidence, and on this premise, the above non-party is exempt from military service and, on the premise, at least 97,875 won per month can be earned during the period of its decision from the time when he reaches the age of 20 if he had not been involved in the accident of this case until the age of 55, which is within the average name limit of 20.

However, according to Article 20 of the Military Service Act, a person determined as a type C as a result of a physical examination in the draft physical shall be exempted from military service only for those who are exempted from military service and determined as a type of conscription, or those who have a special physical defect such as a telegraphic person, etc. In accordance with Articles 21 and 59 of the same Act, if those who are to be enlisted in active duty service and are two or more readers, they may be transferred to supplemental service upon their application, but they may be called for defense within three years. According to the proviso of Article 142(1) of the Enforcement Rule of the Military Service Act, it can be known that the call-up period for self-defense shall be 180 days under the proviso of Article 21(1)3 of the Military Service Act, in view of the purport of each of the above provisions, the court below's judgment cannot be said to have been exempted from military service as a matter of course, but the court below's decision did not err by misapprehending the legal principles as to whether they reached the age of 20 and thus it should be reversed.

Therefore, the judgment of the court below is reversed, and the case is remanded to the Seoul High Court, which is the court below, and it is so decided as per Disposition by the assent of all participating judges.

Justices Kim Tae-tae (Presiding Justice)