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(영문) 수원지방법원 2018.08.30 2018구합60879
생계유지곤란사유병역감면거부처분 및 상근예비역의 현역입영처분 취소 청구의 소
Text

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

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

Reasons

1. Details of the disposition;

A. On November 19, 2004, the Plaintiff was determined as Class B students, Grade III, and was subject to the disposition of enlistment in active duty service, and was selected as those to be called to full-time reserve service on December 6, 2004.

B. On May 25, 2017, the Plaintiff filed an application for military service reduction or exemption (hereinafter “instant application”) with the Defendant on the grounds of difficulty in maintaining his livelihood, asserting that the Plaintiff constitutes “a person who is neither the principal nor his family’s livelihood,” under Article 62(1)1 of the Military Service Act, while delaying enlistment due to the examination, examination, vocational training, departure atmosphere, disease, re-employment, departure, child rearing, high school attendance, etc.

The details of postponement of enlistment of the plaintiff before the application of this case are as follows:

The period of postponement of the private qualification examination from October 27, 2005 to April 30, 2006, the qualifying examination from June 20, 2006 to July 6, 2006, and the vocational training from November 30, 2007 to April 8, 2008 from April 16, 2008 to July 6, 2008, the disease from September 16, 2008 to September 16, 2008, during the period from September 16, 2008 to September 16, 2008, and from September 16, 2008 to December 16, 2008 to December 28, 2008, the child from May 18, 200 to May 18, 2009 to June 19, 201 to June 20, 2009.

On November 24, 2017, the Defendant held a Deliberation Committee on Reduction and Exemption of Military Service (hereinafter “Deliberation Committee”) to deliberate on whether to exclude the Plaintiff’s mother C (hereinafter “mother”) from his family, and whether the business income under the name of the Plaintiff’s spouse D (hereinafter “spouse”) should be included in the amount of family income. The Deliberation Committee decided to reject the Plaintiff’s reduction and exemption of military service by deeming that the parent’s family member included in the person liable for supporting, and the business income under the spouse’s name is included in the amount of family income.

On the same day, the Defendant rejected the instant application by notifying the Plaintiff that the instant application was rejected by the Deliberation Committee due to the following reasons:

hereinafter referred to as "the case."

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