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(영문) 인천지방법원 2018.12.11 2018구단460
등급기준미달처분취소
Text

1. On January 23, 2018, the Defendant rendered a disposition against the Plaintiff below the criteria for classification of disability rating and the results of concurrent office concurrently with the Plaintiff.

Reasons

1. Details of the disposition;

A. On July 10, 2007, the Plaintiff entered the Army on October 17, 2008, and received correction and felling operation immediately after leaving the left second hand of the ship with the load of at least 40 km while on board the ship, in order to conduct emergency training in preparation against war.

B. As a result of a new physical examination conducted by the Central Veterans Hospital on July 26, 2017, the Plaintiff applied for the registration of a person of distinguished service to the State, and determined as “Class 7,312” as a soldier or policeman on duty; however, on September 11, 2017, the Plaintiff was determined as falling short of the criteria for disability rating; on January 23, 2018, the Plaintiff applied for a new physical examination and received guidance (hereinafter “instant disposition”) from the Defendant on the result of the physical examination of the family rating classification.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

(a) As a result of the physical appraisal of hospitals affiliated with the Gecheon-do University, the physical appraisal of the hospitals affiliated with the Gecheon-do University measured the dynamic movement range by the AMA method, and thereby, the sub-section 2 of the left-hand balance table: 0 degrees, 40 degrees, 40 degrees, 1/2 or more of the physical exercise area is limited to 1/2 or more of the physical exercise area, and the sub-section 35 degrees, which constitute 0 degrees, 0 degrees, and 35 degrees, all of which are the 1/2 or more, and are limited to 1/2 or more of the physical exercise area at least

B. According to the Enforcement Rule of the Act on Persons of Distinguished Services to the State [Attachment 4] of the Enforcement Rule of the Act on Persons of Distinguished Services to the State (Article 8-3), class 7 and class 7312 (persons who lose the function of fingers) refer to persons whose physical area is limited to at least 1/2 of the physical area of at least two fingers or who are demoted.

However, according to the above medical opinion, the plaintiff is the second balance on the left side.

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