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(영문) 서울고등법원 2015.08.28 2014누4056
병역면제취소처분취소
Text

1. The plaintiff's claim against the defendant corrected in the trial room is all dismissed.

2. The Plaintiff and the Plaintiff out of the costs of the trial.

Reasons

1. Details of the disposition;

A. The Plaintiff was subject to the first draft physical examination and the disposition of enlistment in active duty service, etc. (1) on September 9, 2003 by the Defendant, and was subject to a disposition of physical grade I as a result of the draft physical examination by the Defendant on September 9, 2003. (2) After that, the Plaintiff delayed enlistment on several occasions on the grounds that he attended the school

B. On September 29, 2008, the Plaintiff submitted the first operation and assignment of military service disposition to the Defendant on October 13, 2008 due to the Plaintiff’s disease (on the left-hand check, the first operation and assignment of military service disposition 1) on the left-hand check, and the Plaintiff was subjected to the first operation at C Hospital on September 29, 2008. 2) The Plaintiff submitted the alteration of military service disposition to the Defendant on October 13, 2008. The Defendant requested the Plaintiff to undergo a precise physical examination, and the Plaintiff received a precise physical examination at the central physical examination center on November 11, 2008.

3) As a result of the above precision physical examination, the Plaintiff was deemed to have performed the surgery on the left-hand instability, and the Defendant was judged to be physical grade 4 by the Defendant’s doctors in exclusive charge of draft physical. On November 20, 2008, the Plaintiff was assigned to supplemental service (subject to call-up of public interest service personnel). (C) On May 1, 2009, the Plaintiff received the second surgery on the left-hand check and re-military service disposition 1) by using the diameters at C Hospital on May 1, 2009.

2) On May 19, 2009, the Plaintiff submitted to the Defendant a change in the disposition of military service on the grounds of disease (influencies) and the Defendant requested the Plaintiff to undergo a precise physical examination again, and the Plaintiff was subject to a precise physical examination, such as photographing pictures, by the Central Physical Examination Center on June 12, 2009. 3) The Defendant requested the head of the Galim University Sung Hospital to conduct a precise physical examination on the Plaintiff. Accordingly, the head of the Galim University Sung Hospital reported that the Plaintiff had performed the MFI image test on the Plaintiff on two occasions.

4. The plaintiff was judged as physical grade IV by the doctor in exclusive charge of draft physical as a result of the above detailed physical examination, for which the status was recognized after the visit operation on the left-hand side, and the defendant.

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