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(영문) 대전지방법원 2015.05.29 2014구단1289
상이등급판정처분취소
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 February 4, 2013, the Plaintiff filed an application for registration with the Defendant for distinguished service to the State.

B. On June 13, 2013, after deliberation and resolution by the Board of Patriots and Veterans Entitlement as of June 4, 2013, the Defendant rendered a decision to partially recognize the requirements for persons eligible for veteran's compensation for reasons that the Plaintiff failed to meet the criteria for rating for recognition of persons eligible for veteran's compensation (the Defendant, on June 27, 2014, notified the Plaintiff of the fact that the results of the physical examination fall short of the criteria for recognition of persons eligible for veteran's compensation for reasons of falling short of the criteria for rating for recognition (the Defendant, on June 27, 2014, notified the Plaintiff of the fact that the results of the physical examination falls short of the criteria for recognition rating as a result of a person eligible for veteran's compensation for reasons of "the determination of grade grade" as stated in the written complaint, which constitutes a rejection disposition for the registration of persons eligible for veteran's compensation; hereinafter referred to as "the instant disposition").

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was diagnosed to the effect that knenee in the left-hand knee constitutes “where he has a serious obstacle to the function of Section 1 among the three sections of one bridge.”

The Plaintiff constitutes Grade 6 of the disability rating and thus, the instant disposition is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. 1) According to the result of the court’s physical examination of the Geyang University Hospital, the Plaintiff’s knee-free sports range is normal, and the degree of instability in radiation is 7mm, and it is not sufficient to recognize it solely with the statement of Gap evidence No. 3, and there is no other evidence to acknowledge it. 2) Accordingly, the Plaintiff’s assertion is without merit, and the disposition of this case is lawful.

3. The plaintiff's claim is dismissed as it is without merit. It is so ordered as per Disposition.

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