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(영문) 의정부지방법원 2017.12.05 2016구합440

재판정신체검사 등급판정처분 취소

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 March 7, 1975, the Plaintiff entered the Army and was discharged from military service as the sergeant on June 30, 1977.

B. On July 15, 2005, the Plaintiff filed an application for registration of a person of distinguished service to the State. On November 24, 2005, the Board of Patriots and Veterans Entitlement decided on the following: “In light of the records, the Plaintiff suffered from the injury of hydronuclear escape (HNP L4-5) (hereinafter “instant injury”), which is very heavy carbon during the ammunition work, it constitutes the criteria for and scope of persons of distinguished service to the State (amended by Presidential Decree No. 19272, Jan. 13, 2006) [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.”

C. On January 23, 2006, the Plaintiff received a disability rating under class 7, 802 in a new physical examination for the registration of a person who rendered distinguished services to the State, and the Defendant registered the Plaintiff as a soldier or policeman on duty under class 7, 802.

On January 15, 2015, the Plaintiff filed an application for a re-determination with the Defendant on January 15, 2015. On February 25, 2015, the Plaintiff presented a doctor’s opinion to the effect that the Plaintiff fell under class 7, 6109 on the ground that the Plaintiff was aware of post-ex post-ex post-exploitation in the MRI’s physical examination conducted by the Central Veterans Hospital, which was conducted on a physical examination conducted by the Central Veterans Hospital, and that the Plaintiff fell under class 7, 6109. However, on June 15, 2015, the Board of Patriots and Veterans (HNP L4-5), which was confirmed to be uncomploited, was confirmed to the extent that it was the wife for recognition of the requirements for ex post-expitation in the military, and thus is not subject to determination. Comprehensively considering the results of the physical examination conducted by the relevant specialized department and the results of the Veterans Council, this is not subject to determination.