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(영문) 대전지방법원 2016.08.11 2015구합105796
생계유지곤란사유 병역감면 거부처분 취소청구
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. On February 28, 2008, the Plaintiff was subject to military service disposition for those subject to enlistment in active duty service (Grade II) on the ground of application for examination, examination, illness, employment, etc., and was subject to a disposition for convening public duty personnel service on February 22, 2012 (Grade IV). On July 13, 2012, the Plaintiff was assigned as skilled industrial personnel and was subject to a disposition for convening public duty personnel service on the ground that the enlistment as skilled industrial personnel was revoked on August 7, 2013.

B. On September 5, 2013, the Plaintiff, pursuant to Article 68 of the Military Service Act, was subject to restriction on the postponement and exemption of the duty of military service as the first citizen service on the ground of a violation of Article 86 of the Military Service Act, for the purpose of evading or evading the duty of military service under Article 86 of the same Act, having committed a fraudulent act, shall be punished by imprisonment with prison labor for not less than one year, but not more than five years. A person who committed a crime prescribed in the foregoing, was subject to restriction on the postponement and exemption of the duty of military service.

(On the other hand, on January 15, 2014, the Plaintiff was convicted of violation of the Military Service Act on the ground of criminal facts that “assumed with fraudulent means for the purpose of having military service reduced or exempted on or around February 2012.”

The Plaintiff applied for the selection of a person to be called for the full-time reserve for the reason of supporting his child, and was classified as a person eligible for the full-time reserve on June 27, 2014, and around February 24, 2015, the Defendant received a notice of full-time enlistment from the Defendant on March 32, 2015.

On March 11, 2015, the Plaintiff filed an application for military service reduction or exemption with the Defendant on the ground that the Plaintiff constitutes “persons who are neither the principal nor the family’s livelihood” as prescribed by Article 62(1) of the Military Service Act and that they have difficulty in maintaining their livelihood. The Defendant, ex officio, extended the date of enlistment with the Plaintiff from March 17, 2015 to June 3, 2015.

E. On June 2, 2015, the Defendant’s Difficult’s Difficult’s Society shall appropriate the Plaintiff’s father’s wage and salary income, childcare allowance, etc. for the Plaintiff’s father’s wage and salary income, etc.

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