2011Guhap1277 Revocation of Disposition of Disposition

00 E.S.

Ulsan-gu 00 Dong-dong

Law Firm Sejong, Counsel for the plaintiff-appellant

Attorney Park Jong-soo, Counsel for the plaintiff-appellant

Busan regional office of manpower administration

Litigation performers 00

May 31, 2012

July 5, 2012

1. The Defendant’s disposition of active duty service rendered against the Plaintiff on January 21, 201 is revoked. 2. The litigation cost is assessed against the Defendant.

The same shall apply to the order.

1. Details of the disposition;

A. On August 12, 2010, the Plaintiff underwent a draft physical examination at the Defendant’s draft physical examination site, and the Defendant requested the Central Physical Examination Center of the Military Manpower Administration (hereinafter “Central Physical Examination Center”) to verify whether the Plaintiff had a physical movement-causing scoppy (hereinafter “instant disease”).

B. The Central Physical Office requested a hospital to conduct an entrusted inspection for the instant disease inspection, but the Defendant failed to comply with the above inspection conducted on September 15, 2010 and September 30, 2010, and rendered a decision that “Isey physical offices did not correspond to this case’s disease.” On October 5, 2010, the Defendant rendered a disposition of military service subject to active duty service according to a judgment of physical grade ゲ under the Rules of the Inspection, such as the physical examination of a disease, to the Plaintiff on October 5, 2010.

C. On November 3, 2010, the Plaintiff raised an objection to the foregoing outcome, and the Central Physical Examination Center again requested an entrusted inspection to the ○○ Hospital. On December 28, 2010, the Plaintiff was inspected by the ○○ Hospital, and the said hospital determined that the instant disease was a voice, and the Central Physical Examination Center determined that the instant disease was “no corresponding”.

D. Accordingly, on January 21, 201, the Defendant rendered the instant disposition of military service subject to active duty service according to physical grade III determination to the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 8, 9, 10, 12, 13, Eul evidence Nos. 1, Eul evidence Nos. 3 and 4, Eul evidence Nos. 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The Plaintiff had the instant disease. From 2007 to 2008, the Plaintiff had the past history in the third example or emergency room over the period of 2007 to 2008, and the Plaintiff was diagnosed as a shock show in the event of a physical movement at the Ulsan National University Hospital on July 29, 2010. Therefore, the Plaintiff’s physical grade falls under class 5 pursuant to attached Table 2(9) of the Inspection Rules, such as physical examination of a disease, and thus, the instant disposition that the Plaintiff was subject to enlistment in active duty service was unlawful.

B. Relevant statutes

The entries in the attached Table-related statutes are as follows.

C. Facts of recognition

1) On September 12, 2007, the Plaintiff visited the emergency room of ○00 hospital with the main symptoms of parascop and the scopic and the scopic after having become the deaf, and the blood pressure was 100/70mHg as a result of the examination. However, the blood pressure was measured by 80/50mHg after one hour and 40 minutes after the hospital was located at the hospital.

2) On February 26, 2008, the Plaintiff visited ○○ Hospital in the event of the second outbreak. As a result of the alargic test conducted by the said hospital, the Plaintiff was diagnosed that there was no reaction of alarrosinus, dust dust, and dust from a large bridge, and was diagnosed that there was no response of alarsens in the instant hospital to alarsens, and that there was a high possibility of alargic exposure date due to the lack of any response of alargrosis to alars or smugglings.

3) On July 9, 2008, the Plaintiff visited the emergency room of ○○○○ Hospital, which complained of the catus, and visited the catus. As a result of the diagnosis, the blood pressure was measured by 90/60mm Hg. On September 18, 2008, the Plaintiff visited the emergency room of the said hospital with a certificate of knowledge attached to the telegraph after physical exercise. On September 18, 2008, the Plaintiff visited the catus accompanied by a certificate of knowledge to the telegraph. The Plaintiff was satch and satched in the telegraph, and the blood pressure was measured by 90/60mm.

4) On July 9, 2010, the Plaintiff: (a) caused a physical pressure at ○○ University Hospital on July 29, 2010; (b) was measured by 136/75mHg before undergoing an inspection; (c) the blood pressure was measured by 136/75mHg after 25 minutes; (d) the blood pressure was measured by 91/57mHg after 15 minutes; and (e) the surves and surgs were tested by 30 minutes after 30 minutes after the blood pressure was measured by 60/35mHg; and (e) there was symptoms that the surves and surgs were hearts generated after the movement to the Plaintiff on July 29, 2010; and (e) the Ulsan University Hospital issued the diagnosis certificate or surgic shock of the content of the movement to the Plaintiff.

5) On December 28, 2010, at ○○ Hospital, the Plaintiff had a different amount of six minutes at the time of undergoing a physical training-causing test, and did not appear in the reaction with the machinery and the citizens or the Abiosopic reaction, and there was no special change in the blood pressure.

6) Abscopia is a sudden and dangerous scopia reaction, which may occur in a variety of physical 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 scopic scopic scopic scopic scopic scopic scopic scopicscopic scopics.

7) On October 5, 2010, at the time of the Plaintiff’s physical examination conducted by the Military Manpower Administration, blood pressure was measured by 132/80mm and Hg.

[Reasons for Recognition] Facts without dispute, Gap's entries in Gap's evidence 2, 3, 4, 5, 6, 7, 9, 14, 15, 16, 17, Eul's evidence 7-1, and the purport of the whole pleadings

D. As a result of the court’s entrustment of medical records to the president of the Korean Medical Association, the gist of the Plaintiff’s medical opinion regarding the instant disease is as follows in full view of the overall purport of oral argument as a result of the court’s entrustment of physical examination to the president of

1) The instant disease differs from the physical strength, physical exercise time, and symptoms after physical exercise that cause symptoms for each patient, and even the same patient does not present any condition that causes symptoms, and there are features that do not present any symptoms every time when physical exercise is carried out. Accordingly, the patient is known to have caused symptoms depending on food taken before the physical exercise. The Plaintiff’s physical exercise inducing test conducted by ○ University Hospital on July 25, 2010, was the most distinctive view of the instant disease, and the duty was the cause of blood pressure, which is the most distinctive view of the instant disease.

In light of the contents of photographs and diagnosis attached to the record, it can be seen that a telegraphic red team occurred.

2) The diagnosis of the instant disease cannot be the standard for the result of the physical exercise-causing test, and this disease must be diagnosed by the medical history. Since the physical exercise-causing test at a patient with this disease does not always take place by training, it cannot be ruled out that the inducing test does not necessarily require a re-examination if the inducing test appears in the inducing test. In addition, if the inducing test was conducted at a hospital of 000 for 6 minutes, it may be said that a sufficient time for causing the Abalsia symptoms is not sufficient, but it cannot be determined that the said test was inappropriate on the ground that there was no established method of the inducing test for the diagnosis of the instant disease.

3) According to the report, the patient’s 70-85% of the disease of this case shows a telegraphper and beer, and approximately 1/3 of the patient shows low blood pressure and shock. The patient who died of the disease of this case is very rare.

4) On March 13, 2012, the Plaintiff complained of the fear of transfer from ○ University Hospital to 34 minutes after taking the recipient and undergoing a physical exercise test. The Plaintiff complained of the fear of transfer after 20 minutes after 20 minutes after 34 minutes after 2012. However, the outcome of the above physical exercise inducing test does not fall under the diagnosis standard for Aussia because it was not observed by other organizations, such as blood pressure or decline in the function of the pulmonary function. However, it is difficult to completely exclude the diagnosis of opias of food in view of the fact that repeated symptoms were found in the past, and the consequence of the inducing test conducted by the 00 University Hospital was caused at the 00 University Hospital, as well as the blood pressure reduction, and the fact that the above inducing test occurred at the above inducing test.

E. Determination

According to Article 12 (4) of the Military Service Act, the criteria for judgment of physical grade shall be prescribed by Ordinance of the Ministry of National Defense. According to Article 11 (1) of the Regulations, the degree of illness or mental or physical disorder of a person subject to physical examination shall be classified into Grades I, II, III, IV, VI, and VII, and the criteria for judgment shall be as specified in attached Table 2, and Article 79 of the Rules on the Medical Examination of Acopia (hereinafter referred to as the "the criteria of this case") provides that "the degree of illness or mental or physical disorder of attached Table 2, such as a physical examination of a person subject to physical examination of a person subject to physical examination, and the degree of the disease or mental or physical disorder of a person subject to physical examination shall be as specified in attached Table 2, and Article 2 (9) of the Rules on the Medical Examination of Acopiaia shall be identified as Grade IV, "the disease of a person subject to mental or physical disorder of an Acopiaia, but the disease or physical disorder of an Acopia shall be attached to the records.

Although it is recognized that the Plaintiff had no symptoms to prove the disease of this case at the ○○○ Hospital and ○○ University Hospital, it was found that there was no symptoms to prove the disease of this case, the following facts were acknowledged and medical opinions. ① The Plaintiff visited the emergency room of ○○0 Hospital three times after three times, and all of them showed low blood pressure symptoms. The symptoms showed both low blood pressure and side symptoms. The symptoms are the representative symptoms of the disease of this case. ② In the case of the disease of this case, the disease of this case is not always cultivated by the physical examination, ② The disease of this case must be diagnosed according to the disease of this case. ③ The response of the disease of this case was not shown to the Plaintiff, ④ The Plaintiff showed the typical symptoms of the disease of this case at the physical examination conducted by the Ulsan University Hospital, ④ The Plaintiff in light of the fact that the disease of this case had been issued to the Plaintiff, ⑤ the Plaintiff in the above hospital’s opinion that the disease of this case was not completely affected by the disease of this case.

Therefore, although the physical grade of the Plaintiff is deemed to fall under Grade IV through Grade V according to the degree and evaluation criteria of disease, mental disorder, and mental and physical disorder in the attached Table 2 of the above Rule, the disposition of this case where the Plaintiff was subject to enlistment in the active duty service on the ground that the physical grade of the Plaintiff falls under Grade III is illegal.

3. Conclusion

If so, the plaintiff's claim is reasonable and acceptable.

The presiding judge, the Korean Judge;

Judges Yoon Jin-jin

Judge Hwang-man