Court: “Notice to the Ministry of National Defense” requesting cancellation was nothing more than an internal act of the administrative agency.

Court: “Notice to the Ministry of National Defense” requesting cancellation was nothing more than an internal act of the administrative agency.

(Seoul = Yonhap News) Reporter Lee Young-seop = Sajik medical residents filed an administrative lawsuit against the Ministry of National Defense's decision to classify them as 'active duty unselected' awaiting enlistment, but the decision was dismissed.

The purpose is that the specific actions of the Ministry of National Defense for which they requested cancellation are not subject to administrative litigation.

According to the legal community on the 6th, the 1st Administrative Division of the Seoul Administrative Court (Chief Judge Yang Sang-yoon) recently dismissed a lawsuit filed by six people, including Mr. A, against the Minister of National Defense, requesting "cancellation of the classification as an active-duty unselected person."

Dismissal is a procedure to close a case without judging the merits because the filing of the lawsuit does not meet the requirements.

Mr. A and others worked as residents at a teaching hospital, but submitted a letter of resignation when the government announced a policy to increase the number of medical schools.

The hospital accepted their resignation letters after the Ministry of Health and Welfare withdrew its 'order prohibiting the acceptance of residents' collective resignation letters' to teaching hospitals.

Similar incidents occurred across the country, leading to an unprecedented mass resignation of majors, and the number of people enlisted in the military increased dramatically.

Accordingly, in February last year, the Ministry of National Defense revised its instructions on the selection and enlistment of medical and veterinary officers, classifying retired medical residents as 'active duty unselected' and making them wait for enlistment. The intention is to sequentially select them as military doctors or public affairs doctors over a four-year period.

Mr. A and others objected to this and filed a lawsuit requesting that the Ministry of National Defense cancel the action of notifying the Commissioner of the Military Manpower Administration of the 'results of computerized classification by station type and group of medical veterinary officer candidates and medical officer applicants', which included the classification of retired medical residents as unselected for active duty.

However, the court ruled that this notification action could not be subject to administrative litigation.

The court pointed out, "The classification notification in this case notifies the Director of the Military Manpower Administration of the results of the Ministry of National Defense classifying the active-duty officer selection candidates in the medical field for the current year as those notified by the Director of the Military Manpower Administration into active-duty selectors and non-selected active-duty officers, taking into account the number of active-duty military personnel. It is nothing more than an internal act between administrative agencies."

He continued, "It cannot be said that the notification of classification in this case immediately grants active duty selectees the right to serve as active duty officers in the medical field, or that it directly changes the rights and obligations of the plaintiffs or interferes with the exercise of their rights."