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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff was born between his parents with the nationality of the Republic of Korea on the second day, and was assigned to the second degree active duty service in the draft physical.
Since then, pursuant to Article 60(2)1 of the Military Service Act, the enlistment was postponed until December 31, 2017, on the ground that the Plaintiff was enrolled in a foreign school (Hungary University’s University).
B. (1) The Plaintiff obtained permission for overseas travel from the Defendant to December 1, 2016 on the ground of “short-term overseas travel” pursuant to Article 70(1)1 of the Military Service Act, and left the Republic of Korea on August 24, 2016. (2) The Plaintiff applied for the extension of the period of overseas travel to the Defendant through the Embassy of the Republic of Korea stationed in Hungary on November 16, 2016. On December 4, 2016, the Defendant applied for the extension of the period of overseas travel to the Defendant for the extension of the period of overseas travel. The Defendant applied for the extension of the period of overseas travel to the Plaintiff on December 4, 2016 pursuant to Article 70(3) of the Military Service Act, Articles 147(2) and 124(1)3 of the Enforcement Decree of the Military Service Act from December 2, 2016 to December 31, 2017.
C. (1) Around December 11, 2017, the Plaintiff filed an application for extension of the period of overseas travel with the Defendant through the Embassy of the Republic of Korea residing in Hungary for extension of the period of overseas travel “from December 31, 2017 to December 31, 2018,” on the ground of “the period of overseas travel” and “the period of overseas travel from December 31, 2017 to December 31, 2018.” (2) The Defendant filed an application for extension of the period of overseas travel with the Plaintiff on December 12, 2017, Article 70(4) of the Military Service Act, Article 147 of the Enforcement Decree of the Military Service Act, Articles 13(4) and 5(1) [Attachment 1] 2 of the former Regulations on the Business of Overseas Travel (hereinafter “the Rules of Overseas Travel”), and the Plaintiff can be granted the period of overseas travel between the age of overseas school and foreign school.