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(영문) 대전지방법원 2021.01.14 2019구단100402

상이등급기준미달처분취소 청구의 소

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On May 1, 2011, the Plaintiff entered the Army and was discharged from active service on April 30, 2015.

B. On June 12, 2015 and March 2012, the Plaintiff applied for registration of a person of distinguished service to the Republic of Korea on the ground that he/she was under pressure on five tons of driving soldiers due to pressure on the left-hand vehicle during the training.

Around that time, the Defendant passed a resolution on the recognition of the requirements for a military police officer’s injury in the line of duty as to the frame between the balones on the side of the earth (hereinafter “the instant wound”) (hereinafter “the instant wound”), and was determined as “less the grade criteria” in the physical examination.

(c)

On November 26, 2018, the Plaintiff applied for a re-verification physical examination. The Defendant conducted a physical examination to determine a disability rating for the Plaintiff, and rendered a decision on March 25, 2019 to the Plaintiff below the criteria for disability rating (hereinafter “instant disposition”).

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful in the instant disposition on a different premise, even though it was in a state that the Plaintiff could not engage in any work other than an easy service due to the reduction of the right at present due to an accident that occurred during the military service, or the functional disorder of the relevant heal system (Grade 6(1)).

(b) as shown in the attached Form of the relevant statutes;

(c)

Facts of recognition

On March 7, 2012, as a result of the physical appraisal commission to B hospital heads of this Court: A 10m reduction at the left side level and at the bottom of the right-hand side chilling, other symptoms: A chilling at least 10m reduction at the left-hand side and the reduction at the right-hand chilling chill (the normal 150°40 degrees reduction) left-hand side by operation can be improved by operation. The construction of the right-hand chill was combined with the upper left-hand side by the chilling cm, but there is no different grade and classification number.

(d) judgment 1) requirements for recognition of persons eligible for veterans' compensation;