logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.11.13 2017구합14453
사회복무요원소집대상병역처분취소청구의 소
Text

1. The Defendant’s disposition of military service subject to call-up to social work personnel service on April 3, 2017 is revoked.

2.Paragraph 1.

Reasons

Details of the disposition

As a result of the physical examination conducted on March 10, 2017 against the Plaintiff on March 13, 2017, the Defendant determined the Plaintiff as Grade III and rendered a disposition of military service subject to active duty service on the ground that the Plaintiff constitutes “material-related disability, warning, etc.” under Article 10(1) [Attachment Table 2] of the former Rules of Inspection (amended by Ordinance of the Ministry of National Defense No. 950, Feb. 1, 2018) such as the physical examination, etc. (amended by Ordinance of the Ministry of National Defense, Feb. 1, 2018).

On March 30, 2017, the Plaintiff raised an objection against the above disposition of military service, and the Defendant requested the Central Physical Examination Center to deliberate, and the director of the Central Physical Examination Center determined that the Plaintiff falls under class 4 of the physical grade as the result of the physical examination conducted by March 30, 2017, falling under class 94 (c) of the instant attached Table. On April 3, 2017, the Defendant issued a disposition of military service subject to call-up to social work personnel (excluding military call-up) (hereinafter “instant disposition”).

[Reasons for Recognition] The Plaintiff’s assertion as to the legitimacy of the disposition of this case as to Gap’s non-contentious facts, Gap’s evidence Nos. 3, 4, 9, Eul evidence Nos. 2 and 4, and the purport of the entire pleadings as to the legitimacy of the disposition of this case constitutes each height of each height of the attached Table Nos. 93 through 96, and thus, the Plaintiff should have been assigned to the wartime labor service of Grade 5.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

If Gap's evidence Nos. 2, 6 through 8, 10, and Eul's evidence Nos. 5 through 8 (including various numbers) and images (including various numbers), the result of the verification conducted by this court, and the following facts and circumstances revealed by the purport of the entire pleadings are collected, the plaintiff's disposition of this case based on the premise that the plaintiff's physical grade Nos. 93 (c) of the attached Table No. 93 of this case falls under class 5, since it appears that the plaintiff falls under class 4 of the physical grade.

In accordance with subparagraph 3 (c) of attached Table 93 of this case, the term "amenric mental disorder", "amenric mental disorder, an island, suppression disorder, and others."

arrow