A. On January 4, 2012, the Defendant recognized the Plaintiff’s “Horizontal Escape Card (C4-5)” (hereinafter “the instant injury”) as a wound meeting the requirements for the Military Security for Support and Support for Persons, etc. of Distinguished Services to the State (amended by Act No. 11041, Sept. 15, 201) under Article 73-2 of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, and conducted a physical reexamination for the Plaintiff on January 4, 2012.

B. On January 10, 2012, the Defendant rendered a judgment below the grade standard (hereinafter “instant disposition”) to the Plaintiff on the grounds that the Plaintiff’s functional disorder was not caused as a result of the foregoing physical examination.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Since the Plaintiff’s pain and functional disorder caused by the instant wounds are difficult to lead a daily life due to the Plaintiff’s assertion, the Defendant’s disposition of this case is unlawful.

B. 1) The former Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Ordinance of the Prime Minister No. 969, Jan. 30, 2012; hereinafter “former Enforcement Rule”).

Article 8-3 [Attachment 4] of the Act provides that the criteria for determining the degree of injury of the "protruding escape certificate" shall be as follows: (b) Protruding escape certificate 1) where there are medical clinical symptoms and opinions of special inspection (CTRI degree, etc.), the symptoms are recognized.

2) A disability rating for a post-explosive escape certificate shall, notwithstanding all medical treatment, be determined by the relevant post-explosive disorder, if the post-explosive disorder continues. However, if it is deemed difficult to expect the treatment effect even through an operation, a disability rating may be determined according to the post-explosive disorder. A) A) there is a obvious recurrence in a special examination (T and MRI) opinion, and there is a scopic scopic scopic scopic scopic scopic scops