1. The instant lawsuit shall be dismissed.

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

1. Details of the disposition;

A. On October 29, 2010, the Plaintiff was determined as Grade III as a result of a draft physical examination, and was assigned to military service as a person subject to enlistment in active duty service. On November 2, 2015, the Plaintiff was determined as Grade II as a result of a follow-up draft physical examination, and was assigned to military service as a person subject to enlistment in active duty service. On May 29, 2017, the Plaintiff was selected as a person subject to enlistment in active duty service upon applying for the selection of those subject

B. On June 28, 2017, the Plaintiff filed an application for reduction and exemption of military service with the Defendant on the grounds of difficulty in maintaining a livelihood by asserting that the Plaintiff constitutes “a person who is neither the principal nor his family member’s livelihood” under Article 62(1)1 of the Military Service Act. On October 26, 2017, the Defendant rendered a disposition rejecting the Plaintiff’s application for reduction and exemption of military service on the ground that the Plaintiff does not constitute a ground under Article 62(1)1 of the Military Service Act (hereinafter “disposition rejecting the reduction and exemption of military service”).

다. 피고는 2017. 11. 3. 원고에게 상근예비역소집 대상자로 현역병 입영(입영부대 육군 제17사단, 입영일자 2017. 12. 26.)을 하라는 내용의 통지(이하 ‘입영통지’라 한다)를 하였다. 라.

On December 20, 2017, the Plaintiff filed a lawsuit against the Defendant seeking the refusal of military service reduction or exemption and the revocation of the notice of enlistment. On June 8, 2018, the Plaintiff was sentenced to a judgment dismissing the Plaintiff’s claim (In Incheon District Court Decision 2017Guhap197).

On December 11, 2018, the Plaintiff appealed on the part of the claim for revocation of a disposition rejecting military service reduction or exemption (which did not appeal on the part of the claim for revocation of the enlistment notice in the above judgment), and was sentenced to the Seoul High Court Decision 2018Nu53698 (Seoul High Court Decision 2018Nu53698).

E. The Defendant on December 26, 2017.

On November 3, 2017, the date of enlistment, which was notified to the Plaintiff on November 3, 2017, was postponed ex officio, and on May 28, 2018, the military unit of active duty servicemen to be called to the Plaintiff to be called to full-time reserve service and the date of enlistment.