공상요건비해당결정 처분 취소
The judgment below is reversed and the case is remanded to Seoul High Court.
The grounds of appeal are examined.
1. If a citizen acquires a certain benefit and right due to an administrative disposition, the cancellation of the previous administrative disposition requires a public necessity to be cancelled or cancelled due to a separate administrative disposition deprived of the existing benefit and right of the person already acquired. Furthermore, even if there is a defect in the administrative disposition, it may be cancelled only when the public interest needs to be cancelled and when it is strong enough that the public interest needs to justify the disadvantage of the person already acquired, such as the right to obtain, the right to obtain, and the infringement of the protection of trust and the stability of legal life.
The burden of proof on the existence of defects or the necessity of cancellation is an administrative agency that has issued a disposition that infringes on existing interests and rights.
(see, e.g., Supreme Court Decision 2014Du12925, Oct. 29, 2015). 2. The lower court acknowledged the following facts.
On September 7, 2001, the Plaintiff discharged from military service on June 18, 2002 while serving in the Army, and filed an application for registration of a person of distinguished service to the State on July 4, 2002, on the ground that the Defendant decided to meet the requirements for official duty, but the Plaintiff was judged to have received extra judgment, such as a physical examination.
On May 12, 2005, the Plaintiff applied for the recognition of additional prizes to “the nuclear escape certificate (L4-5).” The Defendant rendered a decision that constituted the requirements for official duties (hereinafter collectively referred to as “the initial decision of this case”), but the Plaintiff was determined to fall short of the standards for classification in a physical examination.
B. On May 1, 2012, the Plaintiff filed a second physical examination for re-verification on the Defendant’s “H3-4” (L4-5) with respect to the check for grading.
On August 2, 2012, the defendant, after deliberation and resolution by the Board of Patriots and Veterans Entitlement, has a proximate causal relationship between the instant wounds and the military performance.