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(영문) 광주지방법원 2018.05.17 2017구단2021
재판정신체검사 등급판정처분취소
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. The plaintiff was employed as a police officer on April 6, 1965 and was on duty on June 3, 1987, and had a knife knife with the right knife from the suspect while working as a knife for arresting the suspect, and thereafter retired on December 31, 1998.

B. On January 29, 2001, the Plaintiff applied for the registration of a person who rendered distinguished services to the Defendant on the basis of application for the registration of a person who rendered distinguished services to the State, and was recognized as having been differently related to official duties by the Board of Patriots and Veterans Entitlement. However, on July 27, 2001, the Plaintiff was judged to have failed to meet the grading standard as a result of a new physical examination to verify the disability rating above, and thereafter, was judged to have failed to meet the rating standard in each physical examination conducted on September 20, 2001, and March 29, 2006.

C. After that, on March 28, 2008, the Plaintiff applied for a re-verification physical examination to the Defendant, and on April 21, 2008, the Board of Patriots and Veterans Entitlement rendered a decision to correct the Plaintiff’s name of the soldier on April 21, 2008, as “scarfly and scarfly in the left part,” from “scarfly and scarfly in the left part,” and determined below the grade criteria on May 21, 2008, and the Defendant rendered a disposition below the criteria for persons of distinguished services to the State on the basis of the result of the re-verification physical examination as above, on May 26, 2008.

In response to the plaintiff's objection and the plaintiff filed an administrative appeal, but dismissed on August 21, 2008, the plaintiff filed an administrative litigation on January 6, 2009 (Seoul District Court 2009Guhap41), but was sentenced to a judgment against the plaintiff on December 17, 2009, and the judgment became final and conclusive on January 13, 2010.

On June 19, 2009, the Plaintiff filed an application with the Defendant for registration of additional family status by alleging that, as a police official, not only was “slickly damaged” which was recognized by the Defendant as having been injured in the course of performing official duties, the Defendant was treated or diagnosed as having been damaged to the right side at the time of the award on October 28, 2009.

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