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(영문) 서울행정법원 2017.07.14 2017구합2622
사회복무요원소집대상병역처분취소및사회복무요원소집통지취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On April 3, 1999, the plaintiff (B students) was assigned to active duty service in Grade II as a result of the draft physical examination conducted on April 3, 199.

From October 2, 200 to June 19, 2004, the Plaintiff postponed the enlistment date on the grounds of the scheduled admission to a university or college, application for qualifying examinations, illness, etc. From October 19, 2004, the enlistment date was postponed due to the missing from October 19, 2004, and five years have elapsed from January 1, 2013 to January 4, 2016, and the enlistment date was postponed.

On January 1, 2016, the Defendant rendered a military service disposition to include the Plaintiff as a member of the social work personnel service, and postponed the date of call on February 2, 2017 due to the absence of separate management.

On March 15, 2017, the Plaintiff applied for a change in the assignment of military service to the Defendant on the ground of the escape certificate of 4-5.

After conducting a draft physical examination with the plaintiff on March 17, 2017, the medical doctor in charge shall conduct the draft physical examination with the plaintiff on March 17, 2017, and thereafter, the medical doctor in charge shall conduct the draft physical examination in attached Table 2 of Article 11(1) [Attachment II] of the Rules on Inspection, such as the Draft Physical

B. The Plaintiff’s physical grade was determined as class 4 of spine disease on the ground that he/she protruding-3) hydro-nuclear protruding-A) and falls under the case where he/she does not have any pressure on the part of blood, mamith, and nene, and accordingly, the Defendant rendered a military service disposition to include the Plaintiff as a member of social work personnel service on the ground that physical grade was determined.

§ 1(b)(c).

On March 20, 2017, the Defendant issued a call-up notice to social work personnel service on April 21, 2017, setting the date of call-up to the Plaintiff.

hereinafter referred to as "second disposition" and "each of the dispositions in this case" collectively referred to as "first and second dispositions."

2) The Plaintiff’s assertion as to the legitimacy of each of the dispositions of this case is lawful. The Plaintiff’s assertion as to the legitimacy of each of the dispositions of this case is based on the following facts: “A” Nos. 1, 4, and 1 and 4, and the purport of all of the arguments.

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