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(영문) 광주지방법원 2019.04.18 2018구단220
재판정신체검사 등급판정처분취소
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff entered on August 10, 2004 and was discharged from military service on March 9, 2005.

B. On March 17, 2005, the Plaintiff filed an application for registration of a person of distinguished service to the State on the ground that “In the training center, the Plaintiff sustained injuries to kneee in the training, and thereafter caused adaptation disorder due to stress caused by his or her superior’s quality or intimidation,” and the Defendant rendered a disposition equivalent to the amount of distinguished service to the State on October 13, 2005.

C. On June 7, 2011, the Plaintiff filed an application for re-registration of persons who rendered distinguished services to the State on the ground of mental illness (hereinafter “instant injury and disease”), but the Defendant rendered a disposition corresponding to the expense of persons who rendered distinguished services to the State on September 6, 2011.

On November 22, 2011, the Plaintiff filed an administrative litigation with the Gwangju District Court. On November 29, 2012, the Gwangju District Court rendered a favorable judgment of the Plaintiff on November 29, 2012, and the said judgment became final and conclusive on February 17, 2016.

Accordingly, on October 29, 2013, the Defendant rendered a decision of merit to the Plaintiff (Grade 6(2)42).

After that, in a physical examination conducted by the Plaintiff’s application for a physical examination for reexamination, it was determined as the previous class 6(2)42, and the Defendant notified the result on January 28, 2014.

On July 16, 2015, the judgment of the Plaintiff was rendered on July 16, 2015, and the above judgment became final and conclusive on February 17, 2016.

E. After that, on February 16, 2017, the Plaintiff applied for a re-examination on the ground of aggravation of the injury and disease in the instant case and received a re-examination at the Gwangju Veterans Hospital on March 21, 2017. The Board of Patriots and Veterans Entitlement deliberated and decided on May 15, 2017 on the Plaintiff as a person of distinguished service to the State falling under class 5 of disability rating 4206 according to the disability rating classification table in attached Table 3 under Article 14(3) of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act”), and the Defendant’s disability rating falls under class 5 of class 4206 according to the aforementioned results.

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