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(영문) 서울고등법원 2016.03.11 2015누67030
재판정신체검사기각결정처분취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the case pertains to the case where the Plaintiff, registered as a person of distinguished service to the State, determined a disability rating again by adding the aggravated or additional wounds of the wounds that he/she sustained as a result of the Plaintiff’s physical examination for re-determination and sought revocation of the decision of dismissal of the re-determination based on Article 6-3 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State (hereinafter “the Act on the Honorable Treatment of Persons of Distinguished Service to the State”) on the ground that the Defendant’s disposition that there is no change in the Plaintiff’s disability rating as a result of the determination

The judgment of the first instance dismissed the Plaintiff’s claim on the ground that the Plaintiff’s right injury does not fall under Class 6(1)8117 of the disability rating, and spine injury does not fall under Class 4(6102 of the disability rating, and the Plaintiff appealed against this.

[Attachment of the relevant Acts and subordinate statutes]

B. The premise factual basis 【Evidence 【A’1 to 10, B1, and 2, and the purport of the entire pleadings (i.e., the Plaintiff was discharged from military service on November 7, 1966, and the Plaintiff was discharged from military service on December 7, 1967 when the Plaintiff was discharged from military service on December 7, 1967, and was discharged from military service on October 20, 196 after having been discharged from military service on December 7, 196.

⑵ 피고의 베트남 파병 중 부상과 전상군경등록 ㈎ 원고는 베트남 전쟁에 파병되어 해병청룡부대 1대대 2중대 2소대원으로 복무 하던 중 1968. 3. 무렵 소대 행군의 맨 앞에서 경계수색의 임무를 수행하다가 적군이 파놓은 함정에 빠지면서 그 충격으로 부상을 입게 되었고, 그 후에도 1968. 5. 무렵 부상당한 전우를 후송하다가 다시 부상을 입었으며, 1968. 6. 24. 베트남 호이안(Hoi An)에서 적군의 포격으로 인하여 머리와 몸통을 제외한...

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