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(영문) 광주고등법원(전주) 2016.11.21 2015누658

상이등급7급판정처분취소

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On September 19, 201, the Plaintiff entered the National Fire Service Corps as public interest service personnel on the B Fire Service on September 19, 201, and was diagnosed by the head of the cancer wall, etc., No. 12, and was discharged from the military service on November 27, 2012, due to an accident that was caused by the defeat from the head of the relevant base wall, etc. among education at the National Fire Service Center at the Central Fire Service Center, and was discharged from military service on September 6, 2012.

B. On December 12, 2012, the Plaintiff filed an application for registration to the Defendant for distinguished service to the State, and received a decision from the Defendant that constituted the requirements for distinguished service to the State.

C. On May 22, 2013, the Plaintiff received a disability rating classification physical examination at the Gwangju Veterans Hospital, and the Defendant determined that the Plaintiff constitutes “a person with a minor functional disability or modified disability in spine” under class 7 of class 6109 of the disability rating to the Plaintiff.

Accordingly, on September 9, 2013, the Plaintiff filed for a new physical examination on June 4, 2013, and was judged as Class 7 disability rating or 6109 by the Defendant as “a person with a minor functional disorder or modified disability in spine (which is a physical disorder after convergence of the use of the upper part).”

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1, 2, and Eul’s evidence Nos. 4, 5, and 7, and the purport of the whole pleadings.

2. Determination on the legitimacy of the instant disposition

A. The Plaintiff’s assertion constitutes “a person who has a functional disorder in spine,” or “a person who has a functional disorder in spine,” under grade 6-2(2) and 6107 of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State,” but the instant disposition is unlawful.

(b) as shown in the attached Form of the relevant statutes.

C. Medical opinion 1) On September 8, 2012, 2012, the name of Macheon-do University Hospital (Seocheon-do Medical Hospital) medical doctor: (a) Gocheon-do Medical Hospital (Seocheon-do Medical Hospital); (b) pressure pressure pressure duplicating the bones, such as closed duplicating, and suplicating, and suplicating the 12 chest, 11,12, which was incurred after the water surface on September 7, 2012, by pressure 1,12.