상이등급결정처분취소의 소
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On September 24, 1993, the Plaintiff entered the Army and discharged the Plaintiff from active service on November 30, 1995.
B. On March 16, 1995, while serving in the military, the Plaintiff was walking the other party's altitude while walking in the process of Taekwondo team examination. As a result, the Plaintiff received a delivery on the right-hand right-hand scrap (hereinafter referred to as "first difference").
C. The Plaintiff filed an application for registration of a person of distinguished service to the State on March 24, 2010, and the Defendant was registered as a person of distinguished service to the State on June 29, 2010, upon recognizing the relationship between the first and the first wounds on June 29, 2010 and granting judgment No. 703 in a physical examination for disability rating classification on July 27, 2010.
Then, on August 9, 2010, the Plaintiff applied for the confirmation of addition to major items, which found the left-hand high-ranking type and the non-satise certificate (hereinafter “the second wound”) to be an additional difference. However, on March 14, 201, the Defendant did not verify the records of injury, diagnosis and treatment for the left-hand high-ranking refund at the time of the first wound, and the Plaintiff was found as a result of the inspection by the Busan University Hospital, which led to the Plaintiff’s failure to recognize the requirements for additional measures on the ground that the proximate causal relation between the second wound and the military performance of official duties is not recognized.
E. Accordingly, the Plaintiff filed an administrative litigation against the head of the Changwon Veterans Organization seeking the revocation of the above additional merit support measure (the Changwon District Court 201Guhap1632), and won the case at the first instance trial. The Defendant revoked the above additional merit support measure according to the recommendation of the adjudication division in the appellate trial (the Busan High Court 2013Nu16555), which was proceeding upon the Defendant’s appeal, and issued a disposition to recognize the Plaintiff as a person falling under Article 4(1)6 of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, on the second disability.
(c).