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(영문) 대전고등법원 2020.07.02 2019누13143
전역거부처분취소청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons why this part of the disposition is stated are as follows. As such, the reasoning for this part of the pertinent part of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The second place of conduct in paragraphs 7 and 8 "," shall be as follows:

The official document provides that "(1) shall be eligible for support for maritime origin": 63 maritime years (or a person(or a person(s) for whom 5 years of actual service period has elapsed after the officer(s) and 2 general origin: A person(s) whose actual service period has expired 5 years after the selection of long-term service in 209 and whose actual service period has expired 5 years, and 'emphasized'(s) for the five-year request for discharge(s). 2)

C. As a result of reference, the term “a person for whom five years have not elapsed since his/her appointment as a long-term service in the 14 year shall be eligible for the five-year discharge from active service in the year preceding the end of the five-year period, and the relevant basis is relevant

Paragraph 4 of Article 6 of the Enforcement Decree of the Military Personnel Management Act was stated as "Calculation of Active Service Period".

In addition, Article 3(1) of the "No. 7" shall be added to the "No. 7" (based on recognition) of the third party.

3. Whether the disposition of this case is unlawful

A. The purport of the Plaintiff’s assertion is to revoke the instant disposition on the following grounds.

1. Article 7(3) of the Military Personnel Management Act provides that a person who manages a basic medical course shall serve for a period equivalent to the probationary period in addition to the compulsory service period. Thus, the probation period for a basic medical course shall not be included in the period of compulsory service.

The Plaintiff was appointed as a long-term service officer on July 1, 2009. However, since the Plaintiff received a professional medical course for four years from March 1, 2010 to February 28, 2014, the Plaintiff excluded this period from the actual service period, the proviso to Article 7(1)1 of the Military Personnel Management Act at the time of filing an application for discharge on October 31, 2017.

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