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(영문) 인천지방법원 2014.09.23 2012구단2075
등급미달판정처분취소
Text

1. On July 17, 2012, the Defendant’s disposition of lower grade against the Plaintiff is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On August 5, 1999, the Plaintiff entered the Army and was discharged from military service on September 30, 200. On April 30, 2009, the Plaintiff filed an application for registration with the Defendant for registration of persons who rendered distinguished service to the State on the basis of the difference in the “the 5th century-1,000 nuclear escape from military service” (hereinafter “instant difference”). On August 21, 2009, the Defendant received a favorable judgment by filing an administrative litigation seeking revocation of the non-competent decision.

(In Mancheon District Court 2010Gudan662, Seoul High Court 2010Nu2969) b.

As the judgment became final and conclusive on February 8, 2012, the Plaintiff received a physical examination at a veterans hospital on February 8, 2012, but was judged below the grade on the grounds that he/she had no psychologic symptoms, and applied for a physical examination on June 28, 2012, but received a physical examination again on June 28, 2012, but was determined below grade on the ground that he/she did not appear to have reached the rating standard for the result of the physical examination. Accordingly, the Defendant notified the Plaintiff on July 17, 2012.

(hereinafter referred to as “instant disposition”). 【No dispute exists, Gap evidence 1, and Eul evidence 1, 2, and 3

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion falls under class 7 of the disability rating in the state of restrictions on daily activities due to severe radiation shields and booms, even though he/she had been continuously treated at the Armed Forces Control Hospital on August 4, 200 and continued treatment.

The defendant's disposition of this case which was judged to fall short of the grade criteria is unlawful.

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

C. (1) According to the relevant laws and regulations, the degree of injury on the concealed escape certificate shall be determined according to the symptoms when the symptoms continue, including the operation, and if it is deemed difficult to expect the treatment effect even through operation, it may be determined according to the conditions of the subsequent legacy, and the degree of injury shall be determined according to the subsequent legacy.

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