1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff was transferred to the first citizen service on January 1, 2002 under the Military Service Act, and was judged to be physical Grade IV (Supplementary Service) due to spine disease in the physical examination at the Seoul regional military manpower office on August 25, 2003.

B. On October 19, 2012, the Plaintiff submitted to the Defendant a change in assignment of military service on grounds of spine disease, and accordingly, the Plaintiff was judged as Grade 7 on the physical examination conducted on October 26, 2012, with a view to conducting a follow-up physical examination after observing two months of recovery.

C. On September 3, 2013, the Plaintiff was subject to a physical examination conducted by the Central Physical Examination Office, and the Defendant classified the Plaintiff into supplemental service among the first citizen service and rendered a disposition to call up public duty personnel service (hereinafter “instant disposition”) to the Plaintiff on October 31, 2013.

Therefore, although the plaintiff filed an objection against the precision physical examination of September 3, 2013 at the Central Physical Examination Office, the Central Physical Examination Committee dismissed the plaintiff's objection after deliberation on November 22, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. The plaintiff's assertion falls under a person who is unable to cope with military service due to the escape from the side, which is a spine disease, and the physical grade of the plaintiff is not class 4 but class 6.

Therefore, the instant disposition that reported the Plaintiff’s physical grade as Grade IV is unlawful.

3. It is as stated in the relevant laws and regulations attached thereto.

4. In full view of each of the provisions of Article 64(1)1 of the former Military Service Act (amended by Act No. 12560, May 9, 2014; hereinafter “former Military Service Act”) and Article 134(1)2 of the former Enforcement Decree of the Military Service Act (amended by Presidential Decree No. 24890, Dec. 4, 2013; hereinafter “former Enforcement Decree”), a person transferred to the first citizen service is seriously invertebrate.