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(영문) 서울행정법원 2015.01.08 2012구합38152
현역병(상근예비역)입영처분취소
Text

1. All of the plaintiff's claims are dismissed.

2. All costs of lawsuit are assessed against the Plaintiff.

Reasons

Details of the disposition

On November 6, 2002, the Plaintiff received a decision of physical grade III as a result of the draft physical examination, and was assigned to be enlisted in active service, and was notified two times, but was assigned to enlistment in active service on two occasions, but was postponed on October 5, 201 on the ground that he was enrolled in a university and was bringing up children.

On November 24, 2010, the period of postponement of the Plaintiff’s duty under the Military Service Act expired, the Defendant notified the Plaintiff that he will be enlisted in active duty service. On the same day, the Plaintiff applied for a change in the disposition of military service under Article 65(3) of the Military Service Act that “to serve as full time reserve service on the ground of raising children” and applied for a change in the disposition of military service under Article 65(3) of the same Act on November 25, 2010, and applied for a enlistment in the second citizen service under Article 62(1)1 of the Military Service Act to the Defendant.

On February 23, 2011, after the Plaintiff’s enlistment date was postponed ex officio, the Defendant dismissed the Plaintiff’s application to be transferred to the second citizen service on the grounds that the amount exceeds the property value, and notified the Plaintiff of the appointment of the Plaintiff as a person to be called to full-time reserve service, and the Plaintiff of March 9, 2011.

On March 29, 2011, the Plaintiff entered the army on March 29, 201, but was subject to a disposition of physical grade VII (the name of a soldier) with neism and observational physical grade as a result of the physical examination of the military unit, and was judged to be physical grade III

On April 29, 2011, the Defendant again notified the Plaintiff that he will be enlisted for the full time reserve service. However, on May 4, 2011, the Plaintiff filed an administrative appeal seeking revocation of the aforementioned enlistment notification disposition, and the said claim was dismissed on June 28, 201.

Accordingly, on July 12, 2011, the Defendant notified the Plaintiff of the second enlistment for full-time reserve service. On August 2, 201, the Plaintiff enlisted in the military on August 2, 2011, but was subject to the disposition of grade VII and grade VII in the military unit’s physical examination, and returned to Korea.

A judgment on physical grade following a follow-up physical examination and a follow-up physical examination shall be brought to the plaintiff.

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