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(영문) 인천지방법원 2020.11.27 2019구단50561
상이등급결정취소
Text

1. The Defendant’s disposition of grading physical examination on March 4, 2019 against the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. After being appointed as Second Lieutenant on August 1, 2005, the Plaintiff served for promotion to First Lieutenant on August 1, 2006 and Captain on December 1, 2007, respectively, and retired from mental and physical disorder on April 30, 201.

B. On April 14, 2014, the Plaintiff filed an application for registration of persons who have rendered distinguished services to the State with respect to the Defendant, alleging that the mental fission occurred due to verbal abuse by a superior in the military service, collective bullying by executives, heavy duties, mental pressure following the dismissal of assignment, etc. (hereinafter “instant wounds”).

C. On October 27, 2014, the Defendant rendered a decision that the instant wound does not fall under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act on Persons of Distinguished Services to the State”) and decided that it does not fall under Article 2(1)2 of the Act on the Support for Persons of Distinguished Services to the State (hereinafter “the Act on Persons of Distinguished Services to the State”).

In this regard, the Plaintiff filed a lawsuit to revoke the revocation of the disposition of revocation of the determination that constitutes a person of distinguished service to the Incheon District Court 2015-Gu 1639, and received the judgment that “the Defendant revoked the disposition that was rendered against the Plaintiff on October 27, 2014.” The Plaintiff and the Defendant filed an appeal with Seoul High Court 2016Nu8102, but the said judgment became final and conclusive on February 28, 2018, all of which were dismissed.

E. On April 26, 2018, the Defendant recognized the Plaintiff as a person eligible for veteran’s compensation in accordance with the purport of the above judgment, and conducted a physical examination at the Central Veterans Hospital on April 26, 2018, and there was a doctor’s opinion in charge that it constitutes class 7 4

After deliberation on August 6, 2018, the Board of Patriots and Veterans Entitlement decided that the Plaintiff’s disability rating falls under class 7, class 4115. Accordingly, the Defendant notified the Plaintiff that the Plaintiff’s disability rating falls under class 7, class 4115.

F. On October 17, 2018, the Plaintiff raised an objection to the Defendant.

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