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(영문) 대전고등법원 2016.11.10 2016누11313

재판정신체검사 등급판정처분 취소 청구

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts are not in dispute between the parties or may be acknowledged by taking account of the whole purport of pleadings in each entry in Gap evidence 1 to 7 and evidence Nos. 1 to 3:

The plaintiff was born in July 7, 1992 and was discharged from military service on September 22, 1994.

B. On July 31, 2006, the Plaintiff applied for the registration of a person of distinguished service to the Defendant on the basis of the “slurgical depression after the first half of the calendar,” and the Board of Patriots and Veterans Entitlement decided on October 17, 2006 to the effect that “The records verified that the Plaintiff sustained the injury of the wounded in the course of the stable games and the stable construction during the military service in the military, and that this constitutes “attached Table 1 [Attachment 1] of the former Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Presidential Decree No. 19780, Dec. 21, 2006)”

C. On October 31, 2006, the Plaintiff received a disability rating under Class VII 807 with respect to the above wounds in a new physical examination for the registration of persons who rendered distinguished services to the State, and the Defendant registered the Plaintiff as a person who rendered distinguished services to the State on November 7, 2006.

On June 17, 2013, the Plaintiff filed an application with the Defendant for a re-examination for trial, and the same year.

7. On October 7 of the same year, the Board of Patriots and Veterans Entitlement was judged below the rating criteria as a result of the re-examination on the trial date. The Board of Patriots and Veterans Entitlement decided to the effect that "as a result of the re-examination on the wounds, it shall not fall under the disability rating specified in attached Table 3 of Article 14 (3) of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter "Decree"), after considering that there is no change in

E. On November 27, 2013, the Defendant rendered a disposition to determine other than the Plaintiff’s disability rating in accordance with a resolution of the said Board of Patriots and Veterans Entitlement.

(f) On February 13, 2014, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Central Administrative Appeals Commission, but the same year.

8. It was dismissed on 19.

2.