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(영문) 대구지방법원 2015.09.18 2014구단2442
상이등급판정취분취소
Text

1. The Defendant’s disposition of disability rating rendered to the Plaintiff on July 4, 2014 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On December 5, 1977, the Plaintiff entered the Army and served in the B Military Service Corps at the Army, and was discharged from military service on August 28, 1980.

B. On October 11, 201, the Plaintiff applied for registration of a person who has rendered distinguished services to the Defendant on the ground that, while conducting a 60-meter field training in the military service, he/she suffered from different wounds, such as “scopical transformation between the third scopic scopic scopic scopic scopic scopic scopics on the left side of the third scopic scopic scopic scopics (scopic scopic scopic scopic scopics) and scopic scopic scopic scopic scopics (scopic scopic scopic scopic scopic scopic scopic scopic scop

C. Accordingly, the Plaintiff filed an administrative litigation seeking the revocation of the above disposition (Seoul District Court Decision 2012Gudan1513, Daegu High Court 2013Nu506, Supreme Court Decision 2013Du18025, the Supreme Court Decision 2013Du18025) and won the case. The Defendant rendered a new disposition that recognized the instant difference as a soldier or policeman’s duty soldier or policeman’s duty.

After that, the Plaintiff received a new physical examination on March 21, 2014 in order to determine the disability rating of the instant injury, and received the same determination in a physical examination conducted on July 3, 2014.

E. Accordingly, on July 4, 2014, the Defendant rendered a disability rating judgment that notifies the Plaintiff of the results of the above physical examination (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 2-1, 2, Eul evidence 1 through 7, 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion has a serious disability on the left hand and the part of hand due to the difference of this case.

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