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(영문) 의정부지방법원 2019.11.26 2018구합2358
사회복무요원소집대상병역처분취소 및군사교육소집처분취소청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Details of the disposition

As a result of the draft physical examination on June 2, 2008, the Plaintiff was determined as Grade III due to non-humane and disease, and was subject to a disposition of military service for active duty service. On November 13, 2013, the Plaintiff still was determined as Grade III as a result of the follow-up draft physical examination, and was subject to a disposition of military service for active duty service.

Article 11(1) [Attachment 3] 324(b) of the Rules on the Inspection, such as Physical Examination for Military Service, at a draft physical examination conducted on July 20, 2018 by applying for a change in the disposition of military service to the Defendant.

2) On the ground that the physical grade 4 was determined on the ground that the case constitutes “one-way and another 41dB or more” and accordingly, the Defendant rendered a disposition of military service subject to call-up to social work personnel service on the same day (hereinafter “instant disposition”).

(2) On August 27, 2018, the Defendant issued a notice of convening a social work personnel military education and military education to the Plaintiff on October 4, 2018, with the purport that he/she would respond to the call-up to the Army Training Center by October 4, 2018 (hereinafter “instant call-up disposition”). The instant military service disposition and the instant disposition are “the instant disposition.”

2) The Plaintiff’s assertion as to the legitimacy of the disposition of this case as to the Plaintiff’s assertion as to the legitimacy of the disposition of this case as to the Plaintiff’s assertion as to the following facts: (a) the Defendant’s physical grade 5 should make a determination in light of the circumstances under which the Plaintiff is unable to serve as a social work personnel as a result of e-mail test by the left-hand e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail; (b) however, the Defendant’s determination as to the Plaintiff’s e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail

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

Judgment

Article 12(1)1, 2, and 3 of the Military Service Act is lawful.

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