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(영문) 의정부지방법원 2016.01.20 2013구단1100
재심신체검사결과 동일등급처분취소
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 August 1, 2003, the Plaintiff was discharged from military service on July 31, 2010 while serving as a Army officer.

B. On February 28, 2011, the Plaintiff filed for registration with the Defendant to have rendered distinguished services to the State, and received notification from the Defendant that he/she was determined as a person subject to physical examination as a person who meets the requirements of Article 4(1)6 of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (wholly amended by Act No. 10471, Mar. 29, 201; hereinafter “former Act”) as to “the instant wound” pertaining to “protruding escape certificate L5-S1 (Postvertebrate debrate in spine), the left-hand check and the left-hand check part, and the left-hand check part (hereinafter “the instant wound”).

C. As a result of a new physical examination conducted on November 6, 2012, the Plaintiff was judged as Grade 7 only with respect to the escape certificate, as to the left-hand check section, and was judged as above. On February 28, 2013, in a physical examination conducted on February 28, 2013, the Plaintiff was judged as Grade 7 only with respect to the escape certificate, and on the left-hand check section. Accordingly, on April 9, 2013, the Defendant rendered the same grade determination (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 3 (including each number; hereinafter the same shall apply) and the whole purport of the pleading

2. Whether the disposition is lawful;

A. The plaintiff's assertion is limited to severe tolerance movement due to the difference in this case, and serious pains exist, and as a result, the part of the essential part falls under Grade 4 of the disability rating (e.g., spine class accompanied by neological disorder or highly functional disorder). The part of the shoulder part on the left side falls under Grade 6 of the disability rating (e.g., under less than 1/2 of the ordinary movement scope), and the part on the part on the part on the part on the part on the part on which the disability rating is 7 of the disability rating and the part on the left-hand shoulder should be revoked as unlawful.

(b) relevant laws and regulations;

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