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(영문) 대전지방법원 2015.02.27 2014구단100148

상이등급기준미달처분취소

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1. The Defendant’s rejection disposition against the Plaintiff on February 11, 2014 is revoked.

2. The costs of lawsuit shall be.

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 filed an application for registration with the Defendant for distinguished service to the State.

C. On November 14, 2013, the Defendant notified the Plaintiff of the determination on recognition of the requirements for soldiers and police officers wounded on duty regarding “the chronic instability of the friendly scarcity”.

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”) against the Plaintiff on the ground that it falls short of the grading criteria as a result of a new and reexamination.

[Ground of recognition] Facts without dispute, Gap 4, 7 evidence, Eul 2, 3, and 5 evidence, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is that the plaintiff has a substantial functional disorder in the field of the saves, thereby constituting at least Grade 6 of the disability rating.

Therefore, the instant disposition is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. According to the result of the physical examination entrusted to Eul University Hospital and the purport of the entire argument, the appraisal of Eul University Hospital was confirmed on August 27, 2014 as "a person with limited physical exercise area of 1/4 or more" and the appraisal of the plaintiff on November 7, 2014, it is determined that the error according to the degree of cooperation by the inspectors occurred to less than five degrees. According to the former Enforcement Decree of the Act on the Honorable Treatment and Support of Persons of Distinguished Service to the State (amended by Presidential Decree No. 2817, Nov. 27, 2014; 200; 20. 15. 1. 1. 1. 1. 1. 1. 1. 1. 2. 2. 3. 2. 2. 3. 1. 206. 2. 2. 3. 3. 1. 206.