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(영문) 서울행정법원 2016.07.22 2015구단12390

상이등급구분신체검사등급판정처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On August 28, 1965, the Plaintiff entered the Army and was discharged from military service on March 30, 1968.

B. On December 8, 2009, the Plaintiff filed an application for registration with a person who rendered distinguished services to the State for registration, alleging that he/she was injured on the right knee, etc. due to an electric shock, vehicle fall, etc. while serving in the military, but was rendered a decision non-conformity of the requirements for a person who rendered distinguished services to the State

C. On February 15, 2013, the Plaintiff filed an administrative litigation seeking revocation of the non-specific decision of a person who rendered distinguished services to the State (Seoul Administrative Court Decision 201Gudan12453), and received a judgment revoking the non-specific decision of a person who rendered distinguished services to the State on the left-hand bridge, the above judgment became final and conclusive.

According to the above judgment, the defendant recognized the plaintiff's 1's second half of his retirement as a wound, and the plaintiff was determined as Class 7 grade 401 of the physical examination result and registered as a person of distinguished service to the State.

E. On May 8, 2014, the Plaintiff filed an application for the addition of wounds on the left-hand side of Section 8, Section 2, Section 3, Section 1/4 outside of Section 1, Section 4, Section 4, Section 4, and Section 7, Section 2, January 7, 2015, and the Defendant recognized Section 8, Section 1/4, Section 1, and Section 4, Section 1, and Section 2, the left-hand side of Section 8.

F. On February 4, 2015, the Defendant conducted a re-examination on a trial basis pursuant to Article 6-5(2) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State. On June 22, 2015, the Defendant determined that among the Plaintiff’s wounds, the Plaintiff’s disability ratings fall under class 7, class 8122 of the disability rating; but, on June 22, 2015, the Plaintiff’s disability rating was determined as the final 7th class 8122 of the Plaintiff’s disability rating on the part of his/her left part without the left part.

(hereinafter referred to as “instant disposition”). [The grounds for recognition] does not dispute, Gap evidence No. 1, and Eul evidence No. 1 through 4, respectively, and arguments.