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(영문) 대구고등법원 2013.12.20 2013누1295
장해등급미달처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Details of the disposition;

A. On June 10, 2010, the Plaintiff entered the Army and was transferred to supplemental service on February 19, 201, and was discharged from military service on October 12 of that year.

B. On April 27, 2011, the Plaintiff was involved in a traffic accident while serving at 119 first aid units as public interest service personnel in order to support patient relief duties, and caused the traffic accident.

5.6. At the Gu-U.S. Hospital annexed to the Macheon National University of Macheon-do, diagnosed by “sl and unsl and unsl and unsl and resl and sl and sl and sl and sl and sl and sl and sl and the right sl and sl and sl and the right sl and sl

7.21. At the same hospital, re-beatise, one thousand nine hundred and twenty thousands of the right chains, due to the pande of the pande.

C. On January 12, 2012, the Plaintiff applied for registration of a person of distinguished service to the Defendant on the ground that “the Plaintiff sustained from the Defendant on April 27, 2011, due to a traffic accident that occurred while performing patient relief support activities by the 119 Emergency Medical Service Personnel on April 27, 2011, the Plaintiff incurred from the registration of a person of distinguished service to the State on the ground that “the Plaintiff sustained from the Defendant’s 119 Emergency Medical Service (hereinafter “instant wounds”).

around April 10, 2012, the Defendant recognized the instant wound as wounded while performing official duties, and then that year:

5.7.(New) and its damage;

6. 21. (Re-Examination) twice a physical examination for the classification of disability ratings was conducted for the plaintiff.

E. On June 22, 2012, the Defendant rendered a disposition of notification below the rating criteria (hereinafter “instant disposition”) against the Plaintiff on the ground that “the degree of this case’s wound falls short of the rating criteria and the criteria for disability ratings prescribed in Article 6-4(2) of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 11041, Sept. 15, 201; hereinafter “former Act on Persons of Distinguished Services to the State”).

F. On August 1, 2012, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission.

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