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(영문) 서울고등법원 2015.05.20 2014누73243
생계유지곤란사유병역감면거부처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "It is difficult to maintain the defendant's own livelihood" of No. 19 of the judgment of the court of first instance No. 5. The defendant argues that there is five father D's sibling of the plaintiff's father and it is difficult to maintain the defendant's own livelihood at the time of enlistment in active duty service. However, there is no evidence to view that D's sibling's support duty under the Civil Act is not recognized and D's sibling's livelihood support is provided to D's sibling living. Even according to the Enforcement Decree of the Military Service Act and the treatment regulations, since the sibling's sibling is not included in the scope of his family, it is difficult to view that D's independent livelihood is not difficult due to the plaintiff's father's sibling's sibling's sibling's sibling's reason for recognizing the defendant's argument as additional evidence submitted at the court of first instance. It is stated in the part of the judgment of the court of first instance except for the rejection of each statement of No. 10 or 18.

2. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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