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(영문) 인천지방법원 2015.08.18 2013구단3358

상이등급구분신체검사등급외판정처분 취소청구

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 July 26, 2011, the Plaintiff entered the Gun and discharged the Plaintiff from military service on April 25, 2013.

B. On April 29, 2013, the Plaintiff filed an application for registration with the Defendant for registration by asserting that “the Plaintiff was in a stable colon on January 5, 2013, and the other party was in a fluence to the right, and the other party was in a fluence to the right.” The Defendant recognized “the fluence to the right, the fluence, and the fluence to the right,” following the deliberation and resolution of the Board of Patriots and Veterans Entitlement (hereinafter “the instant difference”).

C. On August 28, 2013, the Plaintiff received a physical examination at the Central Veterans Hospital, but was determined that the degree of the instant wounds falls short of the grading standards. Accordingly, the Defendant notified the Plaintiff of the result of the physical examination that the degree of the instant wounds falls short of the disability rating standards after deliberation and resolution by the Board of Patriots and Veterans Entitlement on November 12, 2013.

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, Gap 2, Eul 1 through 3, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The plaintiff asserted that the plaintiff suffered disability due to the cutting of the foundation at the bottom of the Bridge, accompanied by a non-alleys while serving in the military, and thus the difference in this case constitutes at least 1/4 of the disability rating as stipulated in class 7 and class 8122, and thus, the defendant's disposition of this case is unlawful.

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

C. In light of the following, it is not sufficient to recognize that the degree of the instant disability at the time of the instant disposition constitutes “a person whose physical disability is limited to at least 1/4 of the disability rating” as stipulated in class 7 and class 8122 of the disability rating, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion is not sufficient.