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(영문) 수원지방법원 2018.04.25 2017구단7928
상이등급결정취소
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 January 7, 2008, the Plaintiff entered the Marine Corps and was discharged from office on December 1, 2009 as a sergeant on December 1, 2009.

B. On March 18, 2013, the Plaintiff filed an application with the Defendant for registration of a person who has rendered distinguished services to the State on the left-hand name, the left-hand pacific pacific pacific pacific pactic pacif, the left-hand pacific pacific pacifs were recognized as a soldier or policeman on duty, and filed an administrative litigation with the Suwon District Court 2014Gudan3242 on the ground that the pac

C. However, on March 30, 2016, the Plaintiff’s physical examination conducted by the Central Veterans Hospital on the left-hand, the left-hand, and the left-hand pathic ney (hereinafter “instant wounds”) on July 6, 2016, determined that it falls short of the disability rating criteria in the disability rating deliberation of the Board of Patriots and Veterans Entitlement, and received notification from the Defendant on July 29, 2016 on the determination that it constitutes a person of distinguished service to the State.

On October 26, 2016, the Plaintiff filed an application for a physical examination for the reexamination of the Central Veterans Hospital. On March 6, 2017, the results of deliberation by the veterans review committee were determined to fall short of the grading standards. On April 26, 2017, the Defendant issued a notice to the Plaintiff that he/she would be determined as non-competent persons of distinguished service to the State (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, 7, Eul evidence 1, Eul evidence 2-1, 2, and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the Plaintiff’s assertion falls under “a person who has a high level of functional disorder in his/her own ability (Grade VII 2107), the instant disposition that judged below the disability rating standard is unlawful.

(b) as shown in the attached Form of the relevant statutes;

다. 의학적 소견 등 1) 원고는 시흥시 소재 B이비인후과에서 2013. 2. 12. 순음청력검사 순음청력검사 [純音 聽力檢査, PTA(pure tone audiometry) 는 단일한 주파수를 가지는 순음으로 주파수에 따라 음의 강도를 조절하여 청각...

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