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(영문) 인천지방법원 2015.02.03 2014구단10261

국가유공자등록거부처분취소

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. In 2005, the Plaintiff was recognized as a military person, police officer, and police officer, and police officer, but was judged to fall short of the grading standard on May 28, 2008 as a result of physical examination.

B. Around January 9, 2014, the Plaintiff applied for a physical examination for re-verification and conducted a physical examination at the Central Veterans Hospital; however, the doctor’s opinion in charge of the physical examination did not meet the criteria for restriction on the scope of movement, the degree of peltoitis and the outline thereof; and the Defendant decided and notified the Plaintiff of the change in rating on March 24, 2014 after deliberation by the Board of Patriots and Veterans Entitlement.

(hereinafter referred to as “this disposition”). / [Ground of recognition] / A without dispute, Gap evidence 7, 9, and Eul evidence 1 through 3

2. Whether the disposition is lawful;

A. Despite appropriate treatment, the Plaintiff’s alleged knee-conium falls under class 7 of the disability rating, in cases where a change in the credit rating due to damage to the flag appears obviously in the examination, such as X-ray photographing, etc.

Therefore, the defendant's disposition of this case made on a different premise is unlawful.

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

C. Facts and medical opinions (1) The Plaintiff was diagnosed on October 2005 with anti-monthly kneekne on the right-hand kne, and was conducted on December 2005.

On December 19, 2013, the Plaintiff received a statement of opinion that appropriate treatment is needed for friendly treatment in the Mascambling Mascius, Abscopia, and Mascopitis.

(2) In the KT-200 inspection opinion conducted by the physical examination hospital, the opinion was presented 9.32 m in that Section, and in the X-ray inspection, the opinion was not clear as K-L G-L Grade I.

(3) The slot movement is measured with 10 degrees, 130 degrees, 130 degrees, and is not less than 1/4 of the scope of the area available for the movement ( normal: 0 degrees, 130 degrees, 130 degrees), / [based on recognition] Gap 3 through 6.