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(영문) 광주지방법원 2014.07.17 2013구단10499
지원대상자 비대상결정처분 취소
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 December 28, 2009, the Plaintiff entered the Air Force and was discharged from office on January 13, 2012.

B. On June 20, 2012, the Plaintiff applied for registration of a person of distinguished service to the State on the application basis of the “Stop fever, which is one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one and one hundred and one hundred and one hundred and one and one hundred and one hundred and one and one hundred and one hundred and one hundred and one and one hundred and one hundred and one hundred and one hundred and one and one hundred and one hundred and one hundred and one hundred and one and one hundred

C. After that, on February 6, 2013, the Plaintiff conducted a new physical examination at the Gwangju Veterans Hospital, which was determined to fall short of the grading standards, and on June 20, 2013, the result of a physical examination conducted at the same hospital on June 20, 2013, which was determined to fall short of the grading standards as before, and accordingly, on June 25, 2013, the Defendant rendered a decision of non-eligible persons (Article 73-2(1)) subject to the application of Article 6-4 of the Act on Persons of Distinguished Services to the State (hereinafter “instant disposition”).

In response to the instant disposition, the Plaintiff filed an administrative appeal on August 12, 2013, but was dismissed by the Central Administrative Appeals Commission on October 1, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4, Eul evidence 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The two physical examinations of the plaintiff asserted by the plaintiff are only dependent on the method of a gate, a medical examination, and a trial examination, and are not based on another objective close examination, and thus, it is difficult to recognize the accuracy and reliability of the results of the physical examination.

The physician in charge of the defendant's physical examination shall conduct radioactive and radioactive examinations as to whether the injury in this case falls under the unstable situation of not less than 10 millimeters due to damage to the public, and take the radioactive rays from before and after the examination.

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