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(영문) 인천지방법원 2019.09.06 2019구합50278
입영연기신청 거부처분 취소
Text

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 is a man who is a national of the Republic of Korea and was born, and on August 11, 2008, the plaintiff was subject to a disposition of enlistment in active duty service as a result of a draft physical examination.

B. On March 1, 2016, the Plaintiff entered the graduate school of C University and was in the third year as of January 1, 2019, and was scheduled to graduate on February 2020.

C. From March 1, 2009 to November 13, 2012, and from September 3, 2013 to November 13, 2013, the enlistment was postponed on the grounds that the Plaintiff attended a four-year university. From June 16, 2014 to September 17, 2014, the Plaintiff applied for the postponement of enlistment on the grounds that he applied for the examination of a public official of Grade VII in the State position was accepted for the period from June 16, 2014 to September 17, 2014, and from December 15, 2014 to February 13, 2015, the Plaintiff applied for the postponement of enlistment on the grounds that the university was scheduled to graduate.

In addition, from April 7, 2016 to November 29, 2017, the enlistment was postponed due to the Plaintiff’s attendance at the graduate school of medical science. From March 5, 2018 to June 15, 2018, the Plaintiff applied for the postponement of enlistment on the grounds of applying for the examination of public officials of Grade 9 in national position. From August 20, 2018 to December 5, 2018, the Plaintiff applied for the postponement of enlistment on the grounds of the application for the extension of enlistment.

Article 3(1) [Attachment Table] 8 of the Regulations on Enlistment in Active Service (Article 129(1) 8 of the Military Manpower Administration’s Directive No. 1526 of May 28, 2018 amended “persons who have difficulty in performing the duty of military service due to other unavoidable reasons (including those who have completed the two-year college or higher)” to “be postponed (excluding those who have completed the two-year college or higher) for not more than one year until their graduation from each school (including those who have completed the two-year college or higher)” to “be postponed (including those who have completed the two-year college or higher) for not more than one year until their graduation from each school (excluding those who have completed the one-year course).”

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