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(영문) 서울행정법원 2019.02.13 2018구단60253
재판정신체검사 등급판정처분 취소
Text

1. On July 24, 2017, the Defendant’s disposition of grading the physical examination conducted against the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On January 17, 1970, the Plaintiff was discharged from the Army Order on June 30, 2001. On July 8, 2003, the Board of Patriots and Veterans Entitlement deliberated and resolved on the following: (a) on July 8, 2003, the Plaintiff recognized the Plaintiff’s “hovas heart disease and misappropriation disease” (hereinafter “the instant disease”) as a disease in the line of official duty; and (b) the Plaintiff satisfied the requirements of Article 4(1)6 of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (wholly amended by Act No. 7646, Jul. 29, 2005).

B. After that, as a result of a new physical examination conducted on October 1, 2003 to determine a disability rating, the Plaintiff received a disability rating of Grade 7 for the instant disease, and was also subject to the same disability rating in the physical examination conducted on June 27, 2008.

C. However, on March 13, 2017, the Plaintiff filed an application for a re-examination with the Defendant, and accordingly, based on the results of the re-examination of the Central Veterans Hospital conducted on April 26, 2017 and the result of the deliberation and resolution of the Board of Patriots and Veterans Entitlement implemented on July 19, 2017, the Defendant rendered a decision on July 24, 2017 that the rating of the instant disease falls short of the rating standards (hereinafter “instant disposition”).

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on August 25, 2017, but was dismissed on March 6, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 6, Eul evidence Nos. 1, 3 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On April 26, 2017, the Plaintiff’s summary of the Plaintiff’s assertion was merely subject to a cardio-high wave test on the instant disease at the time of a trial conducted at the Central Veterans Hospital on April 26, 2017, and Article 8-3 [Attachment 4] subparagraph 5 B of the Enforcement Rule of the Act on the Honorable Treatment and Support of Persons,

As prescribed in the items, it was not subject to the inspection of ‘scopic becopic becopic inspection' or ‘scopic becopic becopic becopic inspection

After all, the defendant.

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