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(영문) 대전지방법원 2014.10.24 2014구단100315

재심신체검사등급기준미달판정처분취소

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 January 29, 2013, the Plaintiff filed an application with the Defendant for registration of “A person who rendered distinguished services to the State” to the Defendant.

B. On June 25, 2013, the Defendant issued a notice to the Plaintiff on June 25, 2013, following a resolution of the Board of Patriots and Veterans by the Board of Patriots and Veterans to “the name on the left side: A person of distinguished service to the left side and a person eligible for veteran’s compensation,” and at the same time, the Defendant issued a disposition corresponding to the requirements for persons of distinguished service to the left side and the person eligible for veteran’s compensation, on the ground that “the left side office is suffering from military duties or education and training directly related to the national defense

C. The Plaintiff underwent a new physical examination on July 26, 2013, and the Defendant rendered a judgment below the grade criteria to the Plaintiff.

On February 7, 2014, the Plaintiff applied for a physical examination of a retrial to the Defendant, and received a physical examination of a retrial on February 24, 2014.

E. On May 21, 2014, the Defendant rendered to the Plaintiff a decision that falls short of the physical examination grade criteria for the reexamination (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap 1, 2, 7 evidence, Eul 1, 4 through 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion occurred due to heavy noise of shooting after entering the Navy.

Persons who have rendered distinguished services to the State and persons eligible for veteran's compensation are very unfair.

On March 5, 2014, the Plaintiff was diagnosed as “28dB, the left-hand 82dB, the second-hand 400 Hz, 105dB, 25dB, and 70dB” on the right-hand 25dB, and the left-hand 70dB of the Manam University Hospital.

The Plaintiff is a person with at least 80 dB level, and 40 dB level, and thus falls under class 7 2017 of the disability rating, and is accompanied by an inception with at least 50 dB level, and this name alone constitutes class 7 2017 of the disability rating.