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(영문) 부산지방법원 2015.12.23 2015구단20422
재판정신체검사결과처분취소
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 1989, the Plaintiff, who was entering the Army and was serving in the Army, was suffering from the injury of L4-5 of the nuclear escape certificate (hereinafter “the instant injury”). On November 15, 1989, the Plaintiff was discharged from military service on the part of the Plaintiff.

B. After the deliberation and resolution of the Board of Patriots and Veterans Entitlement, the Defendant determined that the instant wounds constituted the requirements for soldier or policeman on duty, and determined on March 25, 2004 according to the result of a new physical examination implemented at the Busan Veterans Hospital, and notified the Plaintiff of the determination under class 7 and class 802.

C. After the determination of the above disability rating, the Plaintiff applied for a reexamination and trial examination to the Defendant several times, and the Defendant determined the Plaintiff’s disability rating as 6th 6105 on September 29, 2014, following the deliberation and resolution of the Board of Patriots and Veterans in accordance with the result of the trial conducted at the Busan Veterans Hospital on July 15, 2014.

On the other hand, the Plaintiff filed an application for a re-determination with the Defendant on the ground of the aggravation of the instant wounds after the said re-determination. On November 4, 2014, the Defendant determined the Plaintiff’s disability rating as 6th 6107 on the ground that the instant wound was due to the nephical symptoms, which was not the ebrate ebrate ebrate, based on the result of the physical examination conducted at the Busan Veterans Hospital, following deliberation and resolution by the Board of Patriots and Veterans Entitlement, and notified the Plaintiff thereof.

(hereinafter referred to as the "disposition of this case"). 【No dispute exists, entry in Gap evidence 1 to 4, and Eul evidence 1 to 3 (including each number), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's summary of the plaintiff's assertion is different from the case of this case, that the plaintiff received pelpare in spine 4 and 5 vertebrates. Accordingly, the plaintiff's movement scope is 20 degrees of cryp, 10 degrees of cryp, 10 degrees of cryp, cump 10 degrees of cump.

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