상이등급결정취소
1. The Defendant’s disposition of determining a disability rating rendered to the Plaintiff on September 18, 2014 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On July 24, 2007, the Plaintiff was discharged from military service on September 17, 2008 while serving in the Gun.
B. On December 21, 2011, the Plaintiff filed an application for registration of persons of distinguished service to the State with respect to the Defendant on the ground that it is difficult for the Defendant to recognize a proximate causal relation between the instant wound and the military performance of official duties on March 13, 2012, on the ground that it is difficult for the Defendant to recognize a proximate causal relation between the instant wound and the military performance of official duties.
C. Accordingly, according to the Plaintiff’s winning of the administrative litigation as the court 2012Gudan2591, the Defendant recognized the Plaintiff’s difference in the instant case as an official duty.
After that, on September 18, 2014, the Defendant rendered the instant disposition that determined that the degree of the instant wound constituted “Class 7 401” and notified the Plaintiff on September 18, 2014.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s instant difference constitutes a disability rating of at least Grade 6, pursuant to Article 14(3) [Attachment 3] of the former 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), and thus, the instant disposition is unlawful.
B. Article 14(3) [Attachment 3] Article 14(3) [Attachment 3] 6(2)44 of the Enforcement Decree of the former Act provides that “any person who is partially subject to restrictions on employment due to a disorder in the function of the neurosis,” and class 7-401 of the Enforcement Decree of the said Act provides that “any person who is subject to restrictions on employment latitude due to a disorder in the function of the neurosis,” and accordingly, Article 8-3 [Attachment 4] [Attachment 5] of the Enforcement Rule of the said Act (amended by Ordinance of the Prime Minister No. 984, Jun.
The degree of disability in the sea-going boundary shall be included.