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(영문) 인천지방법원 2018.06.26 2017구단50642
상이등급구분 신체검사 등급판정처분 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 October 21, 2010, the Plaintiff entered on September 27, 1983 and was discharged from military service on February 20, 1986, and applied for registration of a person of distinguished service to the Defendant on December 21, 2010, the Plaintiff was subject to the relevant disposition on the part of a soldier or policeman wounded on duty in relation to the instant wound (hereinafter “Intermediate Division”) and registered as a person of distinguished service to the State on January 25, 201 as a result of the physical examination on the classification of disability ratings on January 25, 201, and was determined as “Class 7804” as a result of the physical examination on June 26, 2014.

B. On February 22, 2017, the Defendant rendered a notice of the result of the classification of disability ratings below the grading standard (hereinafter “instant disposition”) to the Plaintiff on March 3, 2017, as a result of reviewing the Plaintiff’s opinions on the physical examination of the Central Veterans Hospital and the materials related to the physical examination.

[Ground of Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 6

2. Whether the disposition is lawful;

A. In order for the Plaintiff to obtain a disability rating 7 to be determined as “Class 7 of the disability rating” due to a person’s functional disorder, it should be confirmed that the Plaintiff’s disability rating falls under “a category 7 of the disability rating” under the body degree of the Enforcement Decree of the Act on Persons of Distinguished Services to the State and “a category of movement for the public”, which is the disability of the Enforcement Rule of the Act on Persons of Distinguished Services to the State, and “a category of movement for the public, more than 1/4 of the physical disability

B. As a result of the court's physical appraisal of the Ondol University Seoul Indones Hospital, the "Indones Control Department" as a result of the appraisal of the front part of the right part and the simple radiation photo of the main part of the research center in the response VIU as a result of the assessment of the body assessment of the Ondol University Seoul Indones Hospital, the "Indones Control Department" is normal, and the "Indones Control Department" is completely combined with the two in this case, and the "Indones Control Department" as a result of the examination of the range of normal opinion observation movement, the "Indones Control" is also 0-135 (Standard 150), 70 (80) degrees at the Ondol University, and 80 (80) degrees at the 92% of normal, and the "Indones Control Department" is a eul.g., the "Indunes Control Department".

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