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(영문) 대전고등법원 2016.09.22 2015누11019

상이등급기준미달처분취소

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 12, 2009, the Plaintiff entered the Army Soldiers with B students on May 12, 2009, and was discharged from military service on March 13, 201.

B. On June 19, 2012, the Plaintiff: (a) on the part of the Defendant, at the New Disease Education Team, rendered an application for registration of persons who rendered distinguished services to the State on the ground that the Plaintiff sustained salt satisf in each of the combat training at the New Disease Education Team; (b) incurred the right-hand satisfy in the training; and (c) again incurred a high-speed satisfy in the training at the self-satisfy; and (d) on November 14, 2013, the Defendant rendered a decision that the Plaintiff constituted the requirements for

C. On December 6, 2013, the Plaintiff was judged to fall short of the standards for classification in a new physical examination, which is the procedure for registering persons who have rendered distinguished services to the State. On February 7, 2014, the Plaintiff was judged to fall short of the standards for classification. On February 11, 2014, the Defendant issued a disposition rejecting the registration of persons who have rendered distinguished services to the State (hereinafter “instant disposition”).

[Reasons for Recognition] Each entry in the evidence of subparagraphs 1 through 5 (including the number of branches), and the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff had a substantial functional disorder in the right line of the part of the right line even after having undergone an operation for a wound during military service, falls under class 6 [Attachment Table 3] of disability rating under Article 14(3) [Attachment Table 3] of the former Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Presidential Decree No. 23885, Jun. 27, 2012; hereinafter “Enforcement Decree”) and thus, the instant disposition on a different premise is unlawful.

B. (1) Determination is based on Article 6-4(1) of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 11041, Sept. 15, 201; hereinafter “Act”), which is subject to physical examination under Article 6-3(1).