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(영문) 대전고등법원 2015.01.29 2014누12343
신체검사상이등급판정처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. The Plaintiff entered the Army on January 13, 2006 and was discharged from active service on January 12, 2013.

B. On April 19, 2013, the Plaintiff filed an application for registration with the Defendant on the ground that he/she suffered from the Defendant “satisfe satfe satfe satfe sat (e.g., satfe satfe sat and sat satfe sat (e.g., satfe sat)”

C. The Ministry of Patriots and Veterans Affairs is the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State (hereinafter “Act”) and the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “Act on Persons of Distinguished Service to the State”).

As a result of deliberation on whether the instant injury falls under the requirements of Article 2(1)2 of the Patriots and Veterans Compensation Act, the instant injury was determined to fall under the requirements of a soldier, police officer, etc., and the Defendant notified the Plaintiff of the decision to recognize the requirements of a soldier, police officer, etc. on August 12, 2013. D. On August 26, 2013, the Defendant issued a new physical examination to the Plaintiff on August 29, 2013, and on November 29, 2013, on the ground that the degree of the instant injury falls short of the criteria of the classification of injury according to the attached Table 3 attached hereto, and thus, the instant disposition was rendered to the Plaintiff,

[The facts that there is no dispute over the basis of recognition, Gap evidence 1, 2, Eul evidence 1-1 to 3, Eul evidence 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was conducted twice in the middle of the left-hand slives, a slives, a slives of the upper-hand slives, but due to the wound of this case, the brue occurred in the brue section, and the brue or ging of the slives, etc. cannot be conducted, and there is considerable inconvenience in the brue with severe pains when being loaded in stairs, and the difference between about 8 meters from the slives from the radioactive stress test of both sides of the plaintiff is observed.

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