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(영문) 광주지방법원 2016.10.20 2015구단10646
상이등급구분 신체검사 등급판정처분 취소청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On April 16, 2012, the Plaintiff entered the Marine Corps as a wounded soldier on May 31, 2013, and was discharged from military service on the same day on May 31, 2013, and filed an application for registration of persons who have rendered distinguished service to the State on June 13, 2013, and on October 31, 2013, the Defendant did not meet the requirements for persons eligible for veteran’s compensation, but was notified from the Defendant that the escape certificate L5-S1 (hereinafter “the instant difference”) meets the requirements for persons eligible for veteran’s compensation.

B. After that, the Defendant rendered a physical examination on December 4, 2013 and the reexamination on August 6, 2014 as a result of the re-examination on the instant injury, and determined that the instant injury was below the grading standard, on October 15, 2014, notified the Plaintiff of the determination below the disability rating (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an administrative appeal, but the claim was dismissed on May 19, 2015.

[Ground of recognition] without any dispute, Gap's evidence 4, Gap's evidence 6, 7, Eul's evidence 6, the purport of whole pleading, and the purport of whole pleading

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff was diagnosed of L4-5 and the wound of this case at the time of military service, and received L5-S1 L5-S1 L, around January 29, 2014. On June 27, 2014, the decision of this case was unlawful since the plaintiff's symptoms were combined between L4-5 and the wound of this case, and the symptoms of this case were generated during the military service, and the symptoms of this case were judged to be below the grade criteria only based on the symptoms of this case at the time of physical examination.

B. Determination 1 Taking into account the symptoms L4-5.

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