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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. As a result of the physical examination conducted on October 6, 2008 against the Plaintiff (B) on the part of the Defendant, the Defendant determined the Plaintiff’s physical grade as Class II and was subject to enlistment in active service, but thereafter, the Plaintiff continued to enlist until December 31, 2015 on the ground of study, overseas travel, etc.
B. As a result of a physical examination conducted on December 21, 2015, the Plaintiff was determined as physical grade VII (six months of healing period) due to a mental disease (neological disorder).
C. The Plaintiff received a physical examination again on June 22, 2016, which was after the recovery period expired. At the time, the doctors exclusively in charge of the draft physical examination requested the Plaintiff to supplement documents related to the mental department and internal medicine, and requested the head of the CartoTol University Syelopae Hospital to conduct a physical examination on the ground that the Plaintiff’s cryelopathy is doubtful, and the disposition of military service was suspended for the Plaintiff.
- h - Testing items: The results of the examination of the latitude: The MaI shooting is required to be conducted in order to distinguish the number of baleical damage from that of the baletype, but the faletype, and the faletype, of the baletype, shall not be observed. The results show that the baletype, of the baletype, or of the faletype, of the baletype,
On July 13, 2016, the Plaintiff was determined by the doctor exclusively in charge of the draft physical examination as “major depression and other flive disorder” and “vertebrate flive disease” as a result of the document supplementation. On August 29, 2016, the Plaintiff sent to the Defendant a letter of results of the entrusted inspection with the following details:
E. Article 11 [Attachment 2] of the former Rules on Inspection, etc. of Military Diseases (amended by Ordinance of the Ministry of National Defense No. 907, Nov. 29, 2016; hereinafter “former Rules on Physical Examination”) at the time of the follow-up physical examination on September 22, 2016 (hereinafter “instant physical examination”), on the ground that “the degree of illness and mental and physical disorder and evaluation criteria” falls under class IV of vertebrate disease among “the standards for the degree and evaluation of illness and mental and physical disorder” under the former Military Service Act.