1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Details of the disposition;

A. On October 28, 2010, the Plaintiff was judged as physical grade VII as a result of a physical examination for conscription on October 28, 201, and was determined as physical grade III as a result of the reexamination on conscription on April 28, 201.

B. After that, on November 23, 2011, the Plaintiff filed an application for change of military service disposition on the ground of gender main disorder, and was judged to be physical Grade VII on November 24, 201 as a result of the reexamination, but was judged to be physical Grade III after the reexamination on September 24, 201, and accordingly, the Defendant was assigned to military service in active service to the Plaintiff.

C. On October 2, 2012, the Plaintiff enlisted in the 306 Supplementary Team. However, on October 5, 2012, the Plaintiff received a judgment of physical grade 7 and taken measures for returning home on the ground that observation is necessary due to a personality disorder and behavior disorder in the physical examination of the military unit on October 5, 2012.

On January 18, 2013 and July 19, 2013, the Plaintiff was judged to be Grade VII as a result of the follow-up physical examination, and the Plaintiff was judged to be Grade III in physical grade after undergoing the follow-up physical examination, and on March 6, 2014, and the Plaintiff filed an objection, and the Defendant filed a request for a follow-up physical examination with the Central Physical Examination Office.

E. On June 10, 2014, the Central Physical Center rendered a judgment of physical grade 3 by deeming that the Plaintiff’s physical disorder in the degree of mental disorder and evaluation standard of disease and the light-level disability in Article 11(1) [Attachment 2] of the former Rules of Inspection (amended by Ordinance of the Ministry of National Defense No. 851, Jan. 21, 2015; hereinafter “former Rules of Inspection”) under Article 11(1) [Attachment 2] of the former Rules of Inspection (amended by Ordinance of the Ministry of National Defense No. 851, Jan. 21, 2015; hereinafter “former Rules of Inspection”). Accordingly, on June 11, 2014, the Defendant rendered a judgment of physical grade 3 to be enlisted in active service to the Plaintiff (hereinafter “instant disposition”).

F. On July 15, 2014, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the claim was dismissed on October 8, 2014.