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(영문) 서울행정법원 2016.03.24 2015구단55892
재확인신체검사등급판정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On September 24, 1990, while serving in the military, the Plaintiff was diagnosed as “the state of post signboard escape and post-nuclear removal (hereinafter “instant wounds”) between the 4-5 in the military and was discharged from military service on August 16, 1991.”

On April 17, 2013, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State or a person eligible for veteran’s compensation with the Defendant, and recognized the instant wounds as the requirements of a soldier, police officer, etc., but the Defendant conducted a physical examination for the Plaintiff, conducted a determination on November 13, 2013 on the ground that the Plaintiff’s status falls short of the grading criteria.

On April 30, 2014, the Plaintiff filed an application with the Defendant for a physical examination for re-verification of persons who rendered distinguished services to the State and registered as persons eligible for veteran’s compensation. On August 22, 2014, the Defendant again conducted a physical examination with the Plaintiff, and subsequently rendered a decision that the Plaintiff is ineligible for veteran’s compensation (hereinafter “instant disposition”).

【In the absence of dispute, the instant difference occurred due to the Plaintiff’s repeated performance of military duties and education and training, and the Plaintiff’s repeated performance of duties and training for the entire purport of the instant disposition, as to the fact that there was no dispute, Gap’s Nos. 1, 2, Eul’s evidence, and Eul’s evidence Nos. 1, 1, and 3, and the overall purport of the pleading. The Plaintiff appears to be limited to the area of movement for the purpose of treating the instant

Therefore, the Plaintiff’s disability rating is obvious in cases where the criteria for disability ratings by physical parts of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act”), “where there is a obvious recurrence of opinion of special inspection, and there is a self-proving of abnormal and abnormal radiation emitting devices, etc., and where there is a training check through an in-depth test,” and “where two or more converging bodies perform an operation for the escape certificate of concealed signboards and implement two or more converging techniques.”

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