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(영문) 창원지방법원 2015.06.16 2012구합4393

신체검사등급판정처분취소

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 November 23, 2010, while entering the Army, the Plaintiff was injured on the left knee part of the knee, while making a stable as part of the incidental collective activities on April 8, 2011.

B. On April 23, 2011, the Plaintiff was diagnosed as “confiscings and influoring influoringsium” in the Department B, and on June 13, 2011, the Plaintiff was diagnosed as “confiscing infe-de-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-confe-ge-confe-g.”

C. After that, on November 1, 2011, the Plaintiff filed an application for registration of a person of distinguished service to the State with the injury of the Defendant on the following grounds: “The Defendant recognized the instant wound before it was amended by Act No. 11041, Sept. 15, 201 (amended by Act No. 11041, Jul. 1, 201); “The Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State” (hereinafter “the Act on the Persons of Distinguished Service to the State”) and the left-hand slot; and “The Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State” (hereinafter “the Act on the Persons of Distinguished Service to the State”).

On February 9, 2012, the Plaintiff received a new physical examination on September 25, 2012, and received a new physical examination on September 25, 2012, but all of them was determined below the grading standard, and accordingly, the Defendant issued the instant disposition on October 17, 2012, stating that “The Plaintiff was determined to fall short of the grading standard according to the results of the physical examination and was determined to be ineligible for the application of the Act on Persons of Distinguished Services

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 8 (including each number), all the arguments.