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(영문) 인천지방법원 2015.06.30 2014구단1007
상이등급구분신체검사 등급판정처분취소
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. The Plaintiff entered the Army on November 2, 2001 and was discharged from military service on June 30, 201.

B. On January 22, 2013, the Plaintiff filed an application for registration with the Defendant for registration of a person who rendered distinguished services to the State by asserting that “the Plaintiff was undergoing a counter-terrorism comprehensive training conducted in the training site 47 training group on November 7, 2008, and met the right-hand title.” The Defendant recognized “alley fright removal” (hereinafter “the instant difference”) as an official wound following the deliberation and resolution of the Board of Patriots and Veterans Entitlement on May 23, 2013.

C. On June 25, 2013, the Plaintiff received a physical examination at the Central Veterans Hospital, but was determined that the degree of the instant wounds falls short of the grading standards. Accordingly, the Defendant notified the Plaintiff of the result of the physical examination that the degree of the instant wounds falls short of the disability rating standards after deliberation and resolution by the Board of Patriots and Veterans Entitlement on October 25, 2013.

(hereinafter “instant disposition”) D.

The Plaintiff filed an administrative appeal against the instant disposition on January 28, 2014, but the Central Administrative Appeals Commission dismissed it on March 25, 2014.

[Ground of recognition] Facts without dispute, Gap 1 to 3, 8, Eul 1 to 3 (including additional numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the Plaintiff’s assertion that, as of the date of the Plaintiff’s assertion, the Plaintiff could not lead a normal life because it is difficult for the Plaintiff to live a normal life due to the instant wounds, it should be deemed that the instant wounds fall under class 7 of disability rating 8122, but the instant disposition was unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. Medical opinion 1) On July 1, 2010, the 10 degrees of 10 degrees of emulsium emulsium 10 degrees of emulsium 10 degrees, 20 degrees of emulsium 20 degrees of emulsium 30 degrees of emulsium 10 degrees of emulsium 10 degrees of emulsium 10 degrees of emulsium 20 degrees of emulsium 10 degrees of emulsium 10 degrees of emulsium emulsium 20 degrees of emulsium 10 degrees of emulsium emulsium 20 degrees of emulsium 60 degrees of emulsium 20 degrees of emulsium 10 degrees.

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