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(영문) 서울행정법원 2016.05.13 2014구단17077
재판정신체검사등급판정처분 취소청구
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 November 8, 1950, the Plaintiff entered the Army and was discharged from active service on July 31, 1955.

B. On May 25, 200, the Plaintiff asserted that he sustained an injury to the left-hand shoulder during work on November 1, 1954, and filed an application for registration of a person of distinguished service to the State with the Defendant. The Defendant recognized the Plaintiff’s fine aggregate and chronic tuberculosis clionitis as a wound around 2001. As a result of the physical examination, the Defendant determined that the Plaintiff’s chronic tuberculosis clion aggregate was class 7, class 801, and the chronic tuberculosis clionitis was below the grade criteria, and determined that the Plaintiff’s disability rating was class 7.

C. On January 28, 2014, the Plaintiff filed an application for a re-examination with the Defendant pursuant to Article 6-3 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State. On April 17, 2014, the Defendant rendered a decision that there is no change in the existing disability grade 7, which is the previous disability rating (hereinafter “instant disposition”).

On July 18, 2014, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on September 16, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion constitutes a person who is subject to at least 50 percent of his/her ability to work in one shoulder movement due to the cutting of a duct, sulll, sulll, sulll, etc. in relation to the dull aggregate (Grade 6.2.6.2.01) and a person who loses at least 1/3 of the average person's ability to work due to a disability such as a chest clothes, organs, etc. in relation to chronic tuberculosis (Grade 6.2.5108), but the disposition of this case by the defendant based on other physical examination results is unlawful.

(b) The Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State [Attached Table 3] shall be the classification table of disability ratings (related to Article 14 (3)];

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