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(영문) 대구고등법원 2020.08.11 2020누2326
현역병입영처분취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The following facts are either in dispute between the parties or in accordance with the purport of Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 5, 7, and 8 (including the branch number, if it is not indicated specially; hereinafter the same shall apply) and the whole pleadings, and there is no reflective evidence:

On November 20, 2007 and November 21, 2012, the Plaintiff was determined as physical Grade II (Grade II, Grade II, and Grade II) in the draft physical examination and the follow-up draft physical examination, and was assigned to military service by the Defendant for those subject to enlistment in the active duty service, but was determined as postponement of enlistment on the ground of college science.

B. On March 7, 2014, the Plaintiff was incorporated into a medical officer candidate (the training institution: the training institution’s sex surgery, and the training period: from February 2014 to February 2019). The Defendant issued a notice of enlistment of the medical officer candidate (the enlistment date: March 8, 2019) to the Plaintiff at the time of the completion of the training period.

C. On February 13, 2019, the Plaintiff filed an application with the Defendant for a change in the disposition of military service on the ground that “the restriction on the exercise of the two congenital resins (scambings, knites, knives) of the congenital resins (scambings and fingers (scambings at the point where the fingers and fingers

On July 4, 2019, the Defendant postponed the date of enlistment of the Plaintiff; on the other hand, the Central Physical Examination Director decided that “the Plaintiff constitutes an innate congenital type, which is prescribed by attached Table 3 [Attachment Table 3] No. 183 (b) [Attachment 3] 183 (b) [Attachment 4], following the physical examination of the Plaintiff and the review by the Central Physical Examination Committee for Physical Examinations on Two occasions; accordingly, the Defendant rendered a disposition of military service subject to enlistment in active duty service (hereinafter “instant disposition”) to the effect that the Plaintiff refuses to apply for the above change of military service disposition on the same day.

E. The statutes related to the instant disposition are as indicated in the attached Form “related statutes.”

2. The plaintiff's assertion is due to demotions on the balance sheet of the second hand and the balance sheet of the second hand, making it difficult for the plaintiff to lead a daily life or sports.

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