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(영문) 대전지방법원 2020.10.29 2017구단101333
등급기준미달판정처분취소
Text

On September 11, 2017, the Defendant revoked a decision that falls short of the grade criteria that the Plaintiff rendered against the Plaintiff.

The costs of lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On April 10, 2006, the Plaintiff entered the Army and discharged the Army from active service on July 20, 2010.

B. On July 29, 2010, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State, even if there was a difference between the two (i.e., a light signboard escape certificate (P. 6-7) (hereinafter “c. 6-7”) and the main speciality training.

C. On December 20, 2016, the Defendant rendered a decision to the Plaintiff that the instant wound constitutes a person eligible for veteran’s compensation (disaster injury).

(Determination) Persons who have rendered distinguished services to the State shall be non-applicable.

The Defendant conducted a physical examination for the determination of disability ratings with respect to the Plaintiff, and on September 11, 2017, the Defendant did not clearly reargue the Plaintiff to the Plaintiff, and thus failed to meet the rating criteria. The Defendant rendered a decision below the rating criteria (hereinafter “instant disposition”) on the ground that it did not meet the rating criteria.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On May 14, 2010, the Plaintiff asserted that: (a) at B Hospital No. 6-7, the Plaintiff received a conical and conical display of a conical signboard; and (b) thereafter, even after continuous medical treatment, the Plaintiff’s proof on the left-hand side was re-issued.

A person who has a minor functional disorder or modified disorder in spine with pressure observed due to the recurrence of the instant wounds (Grade VII 6109).

Therefore, the instant disposition is unlawful on a different premise.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In fact, the medical treatment process and present symptoms of the instant wound 1 at B Hospital on May 14, 2010 and the current symptoms before the surgery: the medical examination name before the surgery on the implementation of conical or conical or conical or conical signboards 6-7 pacted: the operating name of the conical signboards escape from the slope 6-7 No. 6-7 in the diameter: the operating name of the conical or artificial disc inserting the conical or artificial disc: the conical or conical disc is removed by approaching the right side of the conical side after the general anesthesia, approaching the conical or conical 6-7 in the direction of the conical side, and removing the conical signboard from the conical angle 6-7 in the diameter.

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