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(영문) 부산지방법원 2017.02.08 2015구단20415
상이등급비해당자결정취소
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 October 13, 2005, the Plaintiff entered the Army and was discharged from military service on August 13, 2005, and was discharged from military service on August 3, 2010.

B. On December 31, 2010, the Plaintiff: “Around July 28, 2009, while making an urgent movement in the course of performing the duties of the commander of the sub-general of the combat atmosphere, the Plaintiff: (a) diagnosed as “Influence divesium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium; and (b) filed an application for registration with the person of distinguished service to the State on October 12, 2011; (c

C. The Plaintiff filed an administrative litigation seeking revocation of the above disposition with the Busan District Court, and the above court rendered a favorable judgment of the Plaintiff ordering revocation of the above disposition on June 28, 2013. Although the Defendant appealed, the Busan High Court rendered a judgment dismissing the appeal, which became final and conclusive on June 11, 2014.

Busan District Court 2012Guhap666, Busan High Court 2013Nu2181) d.

On July 30, 2014, the Defendant determined that the instant wounds constituted the requirements for persons who rendered distinguished services to the State (military and police officers on duty).

E. On September 16, 2014, the Plaintiff was subject to a new physical examination, but was determined below the grade criteria, and accordingly, on October 16, 2014, the Defendant rendered the instant disposition against the Plaintiff that “In accordance with the results of the physical examination, the Plaintiff was determined to fall short of the grade criteria on the disability rating table.”

[Reasons for Recognition] Uncontentious Facts, Evidence No. 1-2, Evidence No. 2, Evidence No. 1-2, Evidence No. 1-1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion has a problem in daily life, such as occurrence of pains when walking along due to the instant wounds, and is a right-hand title.

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