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(영문) 의정부지방법원 2015.05.18 2014구단937

재판정신체검사 등급판정처분 취소

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 December 10, 1966, the Plaintiff entered the Army and was discharged from military service on September 30, 1968.

B. On March 1967, the Plaintiff was deemed to have suffered from the injury of the “ting-in-house escape certificate (L4-5)” due to a senior soldier’s surface, and was registered as a person of distinguished service to the State on November 9, 2001, and was determined as a result of a new physical examination on January 22, 2002, but was determined as a result of a new physical examination on March 19, 2002, and was determined as a grade 7 disability rating as a result of a new physical examination on July 26, 2004, and July 24, 2012.

C. On January 21, 2013, the Plaintiff filed an application for a re-examination with the Defendant to obtain a higher rating of the above disability rating. On March 6, 2013, the Plaintiff presented a doctor’s opinion in charge as “Class 6(2) 6107” on the ground that “marological state after spine surgery is light” on the part of the trial court’s physical examination conducted by the Central Veterans Hospital on March 6, 2013. However, on April 9, 2013, the Defendant, following the deliberation and resolution of the Board of Patriots and Veterans, notified the Plaintiff of the same grade determination (hereinafter “instant disposition”).

On February 4, 2014, the plaintiff filed an administrative appeal with the Central Committee of the Trial Committee, but was dismissed.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 5 (including each number; hereinafter the same shall apply) and the whole purport of the pleading

2. Whether the disposition is lawful;

A. The plaintiff asserted that the symptoms were serious after the determination of the existing disability rating and suffered a lot of pain.

Therefore, it is necessary to raise the disability rating of the plaintiff according to reality.

나. 판 단 이 사건 상이처인 ‘추간판탈출증’의 경우 상이등급을 인정받기 위하여는 의학적 임상증상과 특수검사(근전도, CT, MRI 등)의 소견이 일치하여야 하고, 또한, 상이등급 6급에 해당하기 위하여는 ① 신경마비로 인하여 사지에 경도의 단마비(單痲)가 있거나(6급 2항 6107), ② 2개...