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(영문) 수원지방법원 2016.11.30 2015구단32999
상이등급결정취소
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 3, 198, the Plaintiff entered the Army, and was discharged from military service on January 14, 1989 by a soldier on the part of the Army.

B. The Plaintiff was subject to a new physical examination on April 30, 1996, which was recognized as an official or wounded in performing his military service (hereinafter “the instant injury”). As a result of the physical examination for re-verification conducted on April 12, 200, the determination of “Class 7 802” was issued on September 25, 200, and as a result of the physical examination for re-verification conducted on September 25, 2003, the determination of “Class 6 117” was issued.

C. On June 5, 2014, the Plaintiff filed an application for a re-examination for the instant wounds with the Defendant. On November 26, 2014, the result of the re-examination conducted on November 26, 2014, the Plaintiff rendered a ruling under Paragraph 6, Paragraph 2, and Paragraph 6, Paragraph 2, and 6108, which lower the rating than the previous one, and notified the Defendant to the Plaintiff on February 3

(hereinafter “instant disposition”) D.

On March 8, 2015, the Plaintiff appealed to the Central Administrative Appeals Commission, but was dismissed on June 9, 2015.

[Ground of recognition] No dispute, Eul-1 to 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is expected to have a higher disability rating than the previous one as a matter of course due to the aggravation of the symptoms of the instant wound, and applied for a re-examination. The Defendant is obligated to explain to the Plaintiff that there is a possibility of decline in disability rating upon application for a re-examination in accordance with the amendment of the Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act”), and according to Article 3 of the Addenda (Article 1263, February 29, 2016, etc.) of the Enforcement Rule of the Act on Persons of Distinguished Services to the State, Article 3 of the Addenda (Article 1263, February 29, 2016, etc.) of the Enforcement Rule of the Act on Persons of Distinguished Services to the State,

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