In a case where Party A, who was determined as physical grade 2 in the draft physical examination and was assigned to be enlisted in active service, applied for a change of the disposition of military service on the ground that “A” applied for a change of the two congenital resins (scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic sc).

A, who was determined as a physical grade 2 in the draft physical examination, and was assigned to be enlisted in active service, applied for a change of the disposition of military service on the ground that “A” applied for a restriction on the exercise of congenital balance of two resins (salkines and fingers at the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the head of the competent regional military manpower office, but the head of the central regional military manpower office for the director of the regional military manpower office of the regional military manpower office in accordance with the determination that “A falls under the type of the mal

Comprehensively taking account of all the circumstances, the meaning and scope of “gradation” prescribed by the Rules of the Medical Examination for Military Service [Attachment Table 3] No. 194 No. 194 refers to cases where, although the level of demotion does not reach the standard of “gradation” under the nearest part of No. 192 or the first part of the original part of No. 193, it is deemed difficult to normally perform the duty of military service in the given physical grade because of the existence of a state of demotion recognized in medical and normative aspect, and thus, it is difficult for the director of the regional military manpower office to regard the pertinent part of the military service as the normal performance of the duty of military service under the attached Table 9 [Attachment Table 3], on the ground that there is a disorder in the move of Section A due to illness, such as bones, grads, and gradsium 194, there is no need to accept the above change of the number of persons to be enlisted in active service or supplemental service [the above change of the military service classification No. 1];

Article 12(1) and (4) of the Military Service Act, Article 11(1) [Attachment 3] No. 194(a)1 of the Rules on Inspection, such as a draft physical examination, etc.

[Judgment of the court below]

Daegu Superintendent General of the North Korean Military Manpower Office

Daegu District Court Decision 2019Guhap23632 Decided January 15, 2020

July 17, 2020

1. The defendant's appeal is dismissed.

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

1. Purport of claim

The disposition of military service subject to enlistment in active duty service rendered by the Defendant on July 4, 2019 shall be revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

1. Details of the disposition;

The following facts may be acknowledged by the parties to a dispute or by their respective descriptions of Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 through 5, 7, and 8 (including the branch numbers, if not specially indicated; hereinafter the same shall apply) and by the purport of the whole pleadings, and no counter-proof exists:

A. On November 20, 2007 and November 21, 2012, the Plaintiff was determined as physical Grade II (Grade II, Grade II, and Grade II) in the draft physical examination and the follow-up draft physical examination, and was assigned to be enlisted in active service from the Defendant, but was determined as having been assigned to be enlisted in active service on the ground of college science.

B. On March 7, 2014, the Plaintiff was incorporated into a medical officer candidate (the training institution: the gender division of ○ University from February 2, 2014 to February 2019). The Defendant issued a notice of enlistment of the medical officer candidate (the enlistment date: March 8, 2019) to the Plaintiff at the time the training period ends.

C. On February 13, 2019, the Plaintiff filed an application with the Defendant for a change in the disposition of military service on the ground that “the restriction on the exercise of the two congenital resins (scambings, knites, knites) (scamblings of the floor and the fingers)” was “the limitation on the exercise of the congenital resins

D. On July 4, 2019, the Defendant postponed the date of enlistment of the Plaintiff; on the other hand, the head of the Central Physical Examination Office rendered a decision that “the Plaintiff constitutes a type of outdoor and external astronomical astronomical mal mal marity, which is stipulated by attached Table 3 [Attachment 3] Nos. 183(b) of the Rules on the Physical Examination for Military Service (hereinafter “Rules on the Physical Examination for Military Service”); and on the same day, rendered a disposition of military service to be enlisted in active service to the Plaintiff for the purpose of refusing to apply for the above change of military service (hereinafter “instant disposition”).

E. The statutes related to the disposition of this case are as stated in [attached Form].

2. The plaintiff's assertion

The plaintiff suffered difficulties in daily life or physical exercise due to lectures on the part of the second balance of revenues and expenses, and such disabilities constitute a case where the fingers and expenses of the second grade of the physical grade in [Attached Table 3] No. 194 of the Military Health Examination Regulations are reduced by the fingers and expenses of the second grade of the physical grade.

Nevertheless, the Defendant merely excluded the Plaintiff’s grandchildren from the application of Article 194 of the Regulations on the Physical Examination for Military Service solely on the ground that the Plaintiff’s grandchildren constituted a congenital disability, and applied only subparagraph 183 to the Plaintiff, so the instant disposition of enlistment in active service should be revoked accordingly.

3. Determination

A. The contents and interpretation of the Regulations on the Physical Examination for Military Service [Attachment 3] 194

1) Article 11(1) [Attachment 3] of the Military Service Act provides that “The standards for evaluation of illness or mental or physical disorder of a person subject to a physical examination as delegated by Article 12(1) and (4) of the Military Service Act shall be prescribed in [Attachment 3].” Of these, “the standards for evaluation of a person subject to physical examination’s illness or mental or physical disorder” (Article 194 subparag. 194(a) [Article 194(a)-1] or “one finger” [Article 194(b)] or “one finger” [Article 194(1)-5] is prescribed in physical grade-5.

However, subparagraph 194 of Article 194 on the water balance swap does not have any provision on the concept of "diversity" unlike subparagraph 192 of Article 192 or Article 193 on the water balance sheet (which is located from the floor of the second part which constitutes the fingers) with respect to the water balance sheet (which is close to the floor of the fingers among the two sections which constitute the fingers), so the specific meaning and scope of the "diversity" are dependent on interpretation. Therefore, it is inevitable to rely on the interpretation of the specific meaning and scope of the "diversity" in that it is a professional use in the medical field, and it must meet social and normative standards in that it is used as the criteria for the assessment of the disposition of military service (affirmative).

2) Comprehensively taking account of the following circumstances, the meaning and scope of “selective service” as prescribed by the Military Service Regulations [Attachment 3] No. 194 Section 194 of the Military Service Regulations refers to the cases where, even though the level of his/her demotion does not reach a normal level of 1/3 or less as a result of a passive examination, it is reasonable to deem that, in light of social and normative aspects, there is a state of demotion recognized in medical respect, it is difficult to perform the duty of military service at a level that is difficult for him/her to normally perform his/her duty of military service on the basis of social and normative aspects.

① The rules of the physical examination for military service stipulate that “where the scope of movement by a passive examination is less than 1/3 in normal conditions, it shall be regarded as demotion” only in the past part of the past part of the past part of the military service (see attached Table 2]. However, the above detailed rules were extended to the original part of the military service through partial revision on October 19, 2015 (see attached Table 3), but the above detailed rules were still not provided for detailed provisions on the part of the balance of revenues and expenditures (see attached Table 3) (see attached Table 194). In light of such amendment process, it appears that the rules of the physical examination for military service [Attachment Table 3] did not provide for a separate provision on the concept of demotion in the balance of revenues and expenditures in accordance with Article 191 [Attachment Table 2] of the Rules of the Ministry of National Defense (see attached Table 193], but did not provide for any specific policy provision on the concept of demotion in the balance of revenues and expenditures as a result of a policy error or omission.

② Although the Military Service Rule [Attachment 3] No. 194 does not explicitly stipulate the concept of demotion, considering the following: (a) the original purpose of the Regulation is to select a person who is suitable for performing the duty of military service by type under Article 5 of the Military Service Act by classifying the degree of illness or mental or physical disorder of a person subject to physical examination into grades 1 through 7; (b) and (c) the scope of his/her assignment is specifically specified in the part of his/her assignment and the part of his/her assignment and the part of his/her body related to the part of his/her vertical balance, the meaning and scope of “retirement” prescribed in subparagraph 194 may be specified through interpretation.

③ As a pipe connecting fingers with fingers and fingers, it is not only the basis for determining the ability of the entire fingers to exercise their physical activities, but also the importance of physical functions is much higher than that of a nearbys or abundances in that it plays an essential role in removing or miscellaneous actions by hand. In the event that there is a transition position in a water area excluding a water table, the rate of disability in the main part is 25%, and the disability rate of the main part is 35%, and the disability rate of the main part is 45%, and the disability rate of the main part is also determined as 45%, taking into account such functional importance of the main part of the balance of the water table (see, e.g., beerd 14 - 14 of the table - the main part of the A.C. - the main part of the A. B. - the main part of the A.C. - the main part of the B. - the balance of the A. B. - the main part of the A.

④ As long as the function or role of the heading balance pipe is deemed more important than that of the heading and sub-heading, the duty of military service in the pertinent physical grade is restricted due to the demotion of the heading balance pipe, even if the degree of such restriction is not lower than that of the heading and sub-heading, it may be recognized as a "sub-heading" provided for in sub-heading and sub-heading and sub-heading and sub-heading and sub-heading and sub-heading and sub-heading and sub-heading and sub-heading and sub-heading and sub-heading and sub-heading and sub-heading.

B. Facts of recognition

The following facts are not disputed between the parties, or may be acknowledged by the statement No. 3, No. 9, and the statement No. 9, the result of the first instance court’s entrustment to the △△△ University Hospital and the purport of the entire pleadings, and there is no counter-proof.

가) 원고는 2019. 2. 7. ☆☆☆☆☆병원에서 ‘양측 제2수지 중수수지관절 운동 제한’이라는 진단을, 2019. 2. 18. ▽▽▽병원에서 ‘손의 선천 변형(우 2수지 중수지 관절의 구축)’이라는 진단을 받았다. ▽▽▽병원 성형외과 전문의 소외 1은 ‘원고는 우 2수지 굴곡 제한으로 능동 상태에서 굴곡이 안 되어 사격 격발에 지장이 있다’는 소견을 밝혔다.

나) 원고는 2019. 5. 1. ◎◎◎(◁◁)◎◎병원에서 ‘양측 제2 중수지간 관절 강직’이라는 진단을, 2019. 5. 8. ▷▷대학교병원에서 ‘양측 검지 중수지 관절 부분강직’이라는 진단을, 2019. 5. 14. ♤♤대학교병원에서 ‘선천성 제2 중수지간 관절 부분강직(양측)’이라는 진단을 받았다. ◎◎◎(◁◁)◎◎병원의 성형외과 전문의 소외 2는 ‘원고는 양손의 제2중수골의 변형이 있으며 이로 인해 중수지간 관절의 강직이 있어 우측은 굴곡 30°, 신전 0°로 제한되어 있고, 좌측은 굴곡 45°, 신전 0°로 제한되어 있다’는 소견을 밝혔고, ▷▷대학교병원 정형외과 전문의 소외 3은 ‘원고는 일상생활 및 운동에 제약이 있을 것으로 추정되고, 치료 및 수술을 시행하더라도 정상적인 운동 범위를 기대하기 힘든 상태로 사료된다’는 소견을 밝혔다.

C) According to the result of the commission of appraisal to △△○ University Hospital at the first instance court, the Plaintiff’s △△△△△△△△△△△△△△△△△△△ was measured respectively in the status of the part of the bar, with the result of the dynamic inspection, from 0 to 30 degrees in the dynamic area, and from 0 to 35 degrees in the rehabilitation department (the normal range is 0 to 90 degrees in the area of the ordinary range, and the appraiser explained to the degree of 5 degrees in the course of the measurement.)

(c)review;

According to the above facts, it cannot be viewed otherwise solely on the ground that it is presumed that the plaintiff's above loss of his duty of military service would impede the normal performance of his duty of military service as an active duty or supplementary service, and it is not unreasonable for the plaintiff to view the medical service in the relevant field by normally completing the course of sex surgery and training, considering that there exists a strong state in accordance with medical standards as a obstacles to the movement of the government due to disease, such as bones, ducts, and ducts, and ducts, and in active duty and supplementary service, there is a need for the ability to perform combat action due to fingers, such as a small gun, gun shooting, and ducts.

Therefore, notwithstanding the fact that the assignment of a person to be enlisted in active service in accordance with the Military Service Regulations (Attached Table 3) under Article 194 (a) (a) (i) of the 2 balance of the 2 balance of the 2 balance of the 2 balance of the 194, the plaintiff's refusal of the plaintiff's application is unlawful, considering that the defendant's physical grade of the plaintiff did not reach that of the plaintiff's physical grade. Therefore, the disposition of this case should be revoked, and the plaintiff's assertion is reasonable inasmuch as the plaintiff's assignment of the 2 balance of the 2 balance of the 2 balance of the 194 (a) (i) falls under class 5 of the 194, due to the strong status of the 2 balance of the 2 balance of the 2 balance of the 2 balance of the 194 (a) (i) due to the strong status of the 2 balance of the 2 balance of the 2 balance of the remaining hand and the 2 balance of the 2 balance of the left hand.

D. Judgment on the defendant's assertion

1) Exclusive application of Regulations on Physical Examination for Military Service [Attachment 3] 183

A) Defendant’s assertion

In light of the reasons and symptoms, the congenital disease can be classified into a congenital, trauma, telegraphic, and chromatic disease. The Military Service Regulations [Attachment Table 3] provides for a comprehensive criteria for determination as to overall congenital disease under subparagraph 183 (congenital type). Since subparagraph 6 (self-deficiency disease), and subparagraph 182 (s) separately provide criteria for assessment as to overall congenital and chromatic disease under subparagraph 182 (sulmatism, sulmatism, and other chromatic infection), it should be noted that only 194 is applicable to the congenital disease. However, since the Plaintiff’s kylmatic disease constitutes a congenital disease, it can be applied only to the congenital disease, and subparagraph 194 of the Regulations on the Physical Examination for Military Service (attached Table 3) cannot be applied to the subsequent congenital disease.

B)Review

Comprehensively taking account of the following circumstances, Article 183 of the Regulations on the Physical Examination for Military Service (Attached Table 3) is applicable only to the astronomical diseases and disorders, or to the congenital diseases and disorders, only subparagraph 183 is applicable exclusively, and subparagraph 194 is not applicable. Accordingly, the defendant's above assertion cannot be accepted.

(1) Article 194 of the Military Service Regulations (Attached Table 3) only provides for the “tuition” with respect to fingers and fingers, and thus it is inconsistent with the meaning of the language and text that reduces the number of hands-off by astronomical causes.

(2) The Regulations on the Physical Examination for Military Service [Attached Table 3] shall specify the requirements for distinguishing the causes of illness or disability, as seen in No. 260 (congenital or chronic chlouding type), and No. 268 (Operation for Mental Diseases), in detail.

③ According to Article 183 of the Military Service Regulations (Attachment 3), the type of congenital base in the field of general surgery is merely a typical disability part in the field of general surgery, such as scam, scam, scam, scams, scams, scams, and ozone scams, and it is difficult to view that the type of congenital base, including special areas such as fingers, was entirely blind.

④ As alleged by the Defendant, even if Subparag. 183 of the Regulations on the Physical Examination for Military Service [Attachment 3] falls under the general and comprehensive criteria for assessment of congenital styles in the area other than the fixed one, insofar as the provisions of Articles 192, 193, and 194 specifically stipulate separate criteria for assessment of fingers and fingers and fingers and 194, it is in line with the purport or system of the above provision that Subparag. 194 is applied first or at least 183 and 194 are applied in cases where fingers and fingers and fingers are held in a position prescribed in subparagraph 194.

⑤ If there is no room for the application of subparags. 192, 193, and 194 with respect to fingers and fingers in line by exclusively applying Rule 183 [Attachment Table 3] to all astronomical disabilities, a fair and accurate determination of disability cannot be made because it disregards part of disability with respect to a person who is a physical examination who has a astronomical disability and fingers and fingers together with the disability at the same time.

2) Failure to meet the requirements in [Attachment 3] 194 of the Regulations on the Physical Examination for Military Service

A) Defendant’s assertion

(1) Article 194 of the Regulations on the Physical Examination for Military Service [Attachment 3] does not provide for detailed provisions on the scope of demotion as set forth in 192 or 193, and thus, the term “in-service” during the period should be deemed to refer only to the complete and partial lecture and not to include the partial lecture.

(2) Even in cases where the concept of “selective examination” in subparagraph 194 includes not only the complete lecture but also the partial lecture, considering the purport that Subparag. 192 or 193 prescribes the scope of the demotion and limits the reckless expansion of the concept, it shall be deemed that the “selective examination” in subparagraph 194 is limited to cases where the scope of the exercise following the passive examination is under normal 1/3 or less, as in subparagraphs 192 and 193.

(3) However, the Plaintiff’s second balance of revenues and expenditures does not correspond to the complete steel, but to the partial steel or construction, and the movement scope also exceeds 1/3 of the 0-90∑ 1/3 as a result of the passive examination, which is the dynamic examination, and the rehabilitation department of 0-30∑ and 0-35∑ 0-90∑ 1/3, which is the range of normal sports. As such, the Plaintiff’s disability falls short of the standards for the “gradation” as stipulated in subparagraph 194, and therefore, it cannot be applied.

B)Review

(1) Since Article 194 of the Regulations on the Physical Examination for Military Service only provides for the term “in-service”, there is no ground to interpret that the term “in-service” and the term “in-service” is limited to the term “in-service,” and that the term “in-service,” the term “in-service,” the term “in-service,” the term “in-service

(2) The fact that there is no detailed provision regarding the concept of demotion in attached Table 3] 194 of the Regulations on the Physical Examination for Military Service is reflected in the nature of the funeral balance sheet, and thus, it is difficult to apply or apply mutatis mutandis the detailed provision concerning the method and scope of measurement of demotion, which is stipulated in subparagraph 192 or 193, as to the method and scope of measurement of demotion, as it is based on the nature of the funeral balance sheet.

(3) Therefore, any of the Defendant’s above arguments cannot be accepted on a different premise.

4. Conclusion

Thus, the plaintiff's claim shall be accepted with the reasons, and the judgment of the court of first instance shall be justified with the conclusion, and the defendant's appeal shall be dismissed as it is without merit.

[Separate] Relevant Acts and subordinate statutes: omitted

Judges Kim Ho-kon (Presiding Judge)