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(영문) 부산고등법원 2016.11.11 2016누20173
재판정신체검사결과처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On February 1989, the Plaintiff, who was entering the Army and was serving in the Army, was suffering from the injury of L4-5 of the nuclear escape certificate (hereinafter “the instant injury”). On November 15, 1989, the Plaintiff was discharged from military service on the part of the Plaintiff.

B. On August 22, 2001, the Defendant rendered a disposition to deny the Plaintiff’s application for the registration of a person who rendered distinguished service to the State. On January 9, 2004, the court rendered a decision that the Plaintiff satisfies the requirements for soldier or policeman on duty in relation to the instant wound following the deliberation and resolution of the Board of Patriots and Veterans in accordance with the final judgment of revocation of the disposition to revoke the registration of a person who rendered distinguished service to the State. On April 9, 2004, according to the result of a new physical examination implemented in Busan Veterans Hospital, the Defendant determined that the Plaintiff’s disability rating was 7th 802 in spine (ebrate due to minor injuries) and notified the Plaintiff thereof.

C. After the determination of the above disability rating, the Plaintiff applied for a reexamination and trial examination to the Defendant several times. On July 15, 2014, the Defendant determined the Plaintiff’s disability rating as Grade 6(1) and 6105 (persons with functional disorder in spine, etc.) on September 29, 2014, following the deliberation and resolution of the Board of Patriots and Veterans Entitlement, based on the result of the trial conducted at the Busan Veterans Hospital, which was held on July 15, 2014.

After the above trial, the Plaintiff filed an application for a re-examination to the Defendant on the ground that the instant wound has deteriorated, and the Defendant, after deliberation and resolution by the Board of Patriots and Veterans in accordance with the results of the physical examination conducted at the Busan Veterans Hospital on November 4, 2014, on January 5, 2015, determined the Plaintiff’s disability rating as 6th 6107 (a person with serious functional disorder in spinebrate) on the ground that the instant wound was due to nephical symptoms, not by spine ebrate, but by ebrate escape, and notified the Plaintiff thereof.

(hereinafter referred to as “instant disposition”) . [The grounds for recognition] dispute.

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