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(영문) 의정부지방법원 2016.12.14 2015구단5588
국가유공자요건비해당결정취소
Text

1. On June 2, 2015, the decision that the Defendant rendered against the Plaintiff was revoked.

2...

Reasons

1. Details of the disposition;

가. 원고는 1979. 8. 2. 군에 입대하여 제33사단 제307대대 2포대 포수직으로 배치되어 근무하던 중 1980. 8. 7. 국군수도통합병원에서 제5요추부분 척추궁 척추뼈몸통인 척추체의 뒤쪽에 있는 척추줄기와 척추뼈고리판으로 구성된 척추뼈고리 절제술 및 제5요추-제1천추 추간판제거술 받고 1980. 9. 12. 의병전역하였다.

B. The Plaintiff applied for registration of a person of distinguished service to the State on the basis of the applicant’s critical escape certificate No. 4-5-6, and the Defendant rendered a disposition on January 12, 2015 (hereinafter “instant wounds”) that determined that the Defendant constitutes the requirements for persons eligible for veteran’s compensation by using the “contest escape certificate L5-S1 (Partial vertebrate L5 and disc removal L5-S1)” as the recognition status (hereinafter “instant wounds”).

C. On June 2, 2015, the Defendant rendered a notice to the Plaintiff on June 2, 2015, that the instant injury was determined below the grade criteria as a result of the physical examination of the instant injury and was determined as non-eligible persons eligible

(hereinafter referred to as the "disposition in this case"). 【No dispute exists, Gap evidence Nos. 1 through 3, Eul evidence No. 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that there exists a significant functional or modified disorder in spine, and in particular, [Attachment 4] [Attachment 4] of the Enforcement Rule, which constitutes “where there is a obvious recurrence of opinions on special inspection (CT and MRI), and where there is a scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic

(b)be as indicated in the relevant laws and regulations annexed thereto.

C. (1) Determination is based on the results of the court’s physical appraisal commission to the president of the Doltol University and the results of the fact inquiry, and the opinion of the appraisal is as follows.

MRI, taken by the Plaintiff on March 14, 2015 and April 15, 2016, of the Plaintiff.

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