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(영문) 인천지방법원 2014.11.11 2013구단1154
국가유공자요건비해당결정취소
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 May 12, 1992, the Plaintiff was discharged from active service on June 18, 1993. On November 10, 2009, the Plaintiff applied for registration of a person who rendered distinguished services to the State to the Defendant, and was recognized that the “protruding escape certificate (L4-5)” through an administrative litigation (Seoul High Court Decision 201Nu35752 and Supreme Court Decision 2012Du22010) constituted an official duty requirement.

B. After June 25, 2013, the central veterans hospital conducted a physical examination on June 25, 2013, and found that it was found that it failed to meet the rating standards as a result of the physical examination of the classification of disability ratings, and that the Defendant notified the Plaintiff on July 5, 2013 that it was determined below the rating standards as a result of the physical examination

(hereinafter referred to as "the Disposition in this case"). / [Grounds for recognition] Gap evidence 1, Eul evidence 1 and 2

2. Whether the disposition is lawful;

A. The plaintiff's assertion that the plaintiff did not have a conical signboard to escape any more because considerable parts of the conical signboard were removed by operation and remaining parts were worn out after that operation, but there are serious pains due to the decrease in the height of conical signboards and the conical coarcing, so the disposition of this case which judged below the grading standard without recognizing it as class 7, should be revoked by its illegality.

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

(c) there is no evidence of the recurrence of the escape of the upboard signboard from the CT and the opinion of the TRI examination conducted by the physical examination hospital;

Generally, the term "refence" of a disease refers to the occurrence of an existing disease again.

At present, the plaintiff still remains only a side signboard, the height of the side signboard is reduced, and the side of the sideway is confirmed.

In general, it is known that the escape card itself itself can promote the change of the conical signboard and induce the lower end of the height of the conical signboard. In the case of the plaintiff, the accurate cause of the conical signboard room cannot be known.

(2) The Plaintiff complained of the symptoms of the radioactive pain and the abnormal radioactive pain, but is under the influence of the Plaintiff.

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