1. The plaintiff's claim is dismissed.

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

Details of the disposition

On February 22, 2011, the defendant judged the plaintiff's physical grade as Class III on the ground of a safe disease as a result of the physical examination of the plaintiff on his draft physical, and assigned the plaintiff to enlistment in active duty service to the plaintiff.

From March 1, 2011 to June 14, 2011, the Plaintiff postponed enlistment on the grounds of college attendance. On June 16, 2011, the Plaintiff passed a final recruitment examination and enlisted in the Marine Corps Education Corps on July 18, 2011, but returned to the Plaintiff after being determined as Grade VII and Grade VII pursuant to Article 11(1) and [Attachment 2] 105 of the Inspection Regulations (wholly amended by Ordinance of the Ministry of National Defense No. 757 on February 8, 2012) on the draft physical examination on July 21, 2011.

Since then, from August 3, 2011 to November 8, 2015, the enlistment was postponed on the grounds that universities were enrolled again, and on June 9, 2016, the Defendant applied for a change in the disposition of military service.

On June 9, 2016, the Defendant conducted a physical examination for the Plaintiff, and determined the Plaintiff’s physical grade as Grade 4 by applying Article 11(1) and attached Table 2 of the Inspection Rules (amended by Ordinance of the Ministry of National Defense No. 907, Nov. 29, 2016; hereinafter “Examination Rules”) to the degree of illness and mental and physical disorder and the criteria for evaluation (hereinafter “Evaluation Criteria”), subparagraph 9(c) of Article 99 of the Examination Rules, such as a physical examination, etc. for the Plaintiff. On the same day, the Defendant rendered a disposition of military service subject to call-up to social work personnel on the same day.

On June 10, 2016, the Plaintiff raised an objection to the determination of the Defendant’s physical grade, and the Defendant requested the Central Physical Examination Office to conduct a close inspection with respect to the Plaintiff and conducted a physical examination with respect to the Plaintiff on July 1, 2016, and subsequently, on August 30, 2016, determined the physical grade 4 by applying subparagraph 9(c) of the standards for the assessment of the Rules of Inspection in this case. On September 7, 2016, the Defendant finally rendered a disposition of military service subject to a call-up to social work personnel service on the Plaintiff.

(hereinafter referred to as the "disposition of this case"). (No dispute exists with the ground for recognition, Gap evidence 1, and Eul evidence 1.