상이등급결정처분취소
1. The Defendant’s disposition of determining a disability rating rendered to the Plaintiff on July 12, 2012 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On May 26, 2005, the Plaintiff entered the Army on March 13, 2006 and was discharged from military service on March 13, 2006, and was discharged from military service, and caused multiple sub-compactain Syndrome, CRPS-type 1 type (hereinafter “instant wounds”) due to an accident that happens during the period of military service, the Plaintiff filed an application for registration of a person of distinguished service to the Defendant on May 11, 2006.
B. The Defendant rejected the Plaintiff’s registration of persons who rendered distinguished services to the State on the ground that the causal link between the instant wounds and the military service was not recognized, and the Plaintiff was subjected to a quoted ruling in the administrative appeal against the disposition of refusal on December 20, 2011.
C. Accordingly, on December 20, 201, the Defendant: (a) conducted the physical examination of the Plaintiff at the Central Veterans Hospital on December 20, 201 in order to determine the disability rating of the Plaintiff; (b) was determined on July 9, 2012 by being determined that the Plaintiff’s disability rating falls under class 7, 401 from the side of the Central Veterans Hospital; and (c) on July 12, 2012, the Defendant notified the Plaintiff of the result of the physical examination; and (d) [Attachment Table 3] 4, 7, 4115 of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Presidential Decree No. 23885, Jun. 27, 2012) as “Class 4, 7,401” under the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s instant difference constitutes a disability rating of at least Grade 6 under Article 14(3) [Attachment 3] 4 of the Enforcement Decree of the Act on Persons of Distinguished Services to the State.