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(영문) 부산지방법원 2015.08.26 2015구단20477
상이등급결정취소
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 August 13, 2012, the Plaintiff entered the Army and was on duty as a three-party B operational soldier in the 31st group of the 31st group of the 96th group of the 31st group of the 36th group of the 201st group of the 36th group of the 19th group of the 2010 group of the 19:40 group of the 19:40 group of the 20th group of the 201 group of the 20th group of the 206 group of the 206 group of the 206 group of the 206 group of

B. On September 27, 2013, the Plaintiff filed an application for registration to the Defendant for distinguished service to the State, and received a decision from the Defendant that constituted the requirements for distinguished service to the State.

C. On March 18, 2014, the Plaintiff undergone a physical examination on the classification of disability ratings at the Busan Veterans Hospital; on May 15, 2014, the Defendant rendered a judgment on the disability rating of “persons with insignificant functional disorder or modified disorder in spine” under class 7 subparag. 6109 against the Plaintiff.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion constitutes “persons with the highest level of functional disorder and high level of neebra,” “persons with highly modified disorder in spine” under class 4 and class 6102 of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State,” under class 5 and class 6104 of the same Act, “persons with highly modified disorder in spine,” under class 6(2) and Article 6107 of the same Act, or “persons with modified degrees in spine” under class 6(2) and 6108 of the same Act, but otherwise, the instant disposition was unlawful.

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

C. 1) Article 6-4(1) and (3) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State shall be classified into Grade I, Grade III, Grade IV, Grade V, Grade V, Grade VI, and Grade VII according to the degree of their disability; however, matters necessary for the classification, determination, etc. of a disability rating shall be prescribed by Presidential Decree; Article 14(3) of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State

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