2010Nu9237. Revocation of a disposition not equivalent to the requirements of persons of distinguished service to the State

A

The Head of the Seoul Northern Branch Office

Seoul Administrative Court Decision 2009Gudan8925 Decided February 8, 2010

October 13, 2010

December 8, 2010

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim concerning the above revoked part shall be dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

1. Purport of claim

The decision that the Defendant rendered to the Plaintiff on January 14, 2009 that did not constitute the requirement of a person who rendered distinguished services to the State shall be revoked.

2. Purport of appeal

The same shall apply to the order.

1. Scope of the judgment of this court;

In the first instance trial, the Plaintiff sought revocation of the non-applicable decision of the person who rendered distinguished service to the Defendant on January 14, 2009. The court of first instance revoked the part of the non-applicable decision of the person who rendered distinguished service to the Defendant. The court accepted the Plaintiff’s claim as to the part of the injury, and dismissed the Plaintiff’s claim as to the non-applicable portion of the injury caused by the injury to the Defendant’s disease. Since only the Defendant appealed against this, the subject of the judgment of the court is limited to the non-applicable portion of the injury caused by the injury (hereinafter “the injury in this case”).

2. Details of the disposition;

A. On May 19, 197, the Plaintiff joined the Army and served as a riot police officer, and was on July 18, 1999. On March 19, 199, the Plaintiff deemed that the appointed soldiers, B, and the latter soldiers, who were on duty in shift of guard duty, drinked alcohol during work hours, and met the face of the latter soldiers, who were on duty and were infinite B.

B. On October 8, 2008, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State with the Defendant “abrupt, etc.”

On January 4, 2009, the defendant decided that the plaintiff does not meet the requirements for persons of distinguished service to the State under Article 4 (1) 4 or 6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Act No. 9462 of Feb. 6, 2009; hereinafter referred to as the "Act") on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State on the ground that the plaintiff was faced with food and received dental treatment of this case due to the injury of this case, but it was not confirmed whether the injury or injury occurred in relation to the "Membation" or in relation to official duties (hereinafter referred to as "disposition of this case").

[Reasons for Recognition] Gap evidence Nos. 1, 5, Eul evidence Nos. 3, 4, and 5, part of the witness C of the first instance trial, the purport of the whole pleadings

3. Whether the disposition is lawful;

A. The plaintiff's assertion

On March 3, 199, the Plaintiff: (a) deemed that the appointed soldier B left his work place and drinks to drink and drink; and (b) when entering the Plaintiff and the Plaintiff were on drinking, it was damaged by the lower-class of the upper right and the lower-class of the lower-class, the lower-class of the lower-class, the lower-class, the lower-class, the lower-class, the lower-class, the lower-class, the lower-class, the lower-class, and the lower-class, the lower-class, the lower-class, the lower-class, while performing his duties, was in violation of the instant disposition that the Defendant reported otherwise

B. Relevant statutes

Attached Form 3 is as shown in the "relevant Acts and subordinate statutes".

(c) Fact of recognition;

1) The police hospital's 'Bronchial Scol'

원고는 1999. 3. 15. 경찰병원에서 이틀 전에 주먹에 부딪쳐 하악 좌측 전치 및 구치부 잇몸(치은, 齒齦)에 통증이 있다고 초진을 받았는데, 치수염(외상성, 치석에 의한 풍치)이 있고 턱 부위에 압통이 있으며 좌우 상하악 중절치, 측절치에 동요가 있다고 진단되었다. 원고는 1999. 3. 23. 하악 우측 중절치에 대한 발수(拔髓, 신경제거) 후 근관치료(root canal treatment)를, 1999. 3. 31. 하악 좌측 중절치에 대한 발수 후 근관치료를 받았다.

2) Medical opinions

A) Results of the examination of medical records on the director of the D Hospital

The correct diagnosis name in the medical record is not recorded, but it is recorded that Haak 4 popia at the time of the first medical examination was in east, and the fact that the first medical examination was conducted after the outbreak of Haak 4 popia on the right side of the second and the left side of the second class of the second class of the second class of the second class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class.

B) Results of inquiry and reply to the Director of the D Hospital

At the time of the first medical examination against the plaintiff, the plaintiff was in a state where the direction of the right-hand side of the Haak, the middle left-hand side of the Haakak, and the end-hand side of the Haakak, and there was a possibility of a lamination, but there was no content or image of the medical record or radiation, and there was no record or data on whether the lamination was damaged

사고 직후 촬영된 방사선 사진이 제출되지 않았고, 자세한 진료기록이 없어 원고의 평소 치아 상태에 대한 판단은 불가능하다. 치수염과 치은 통증은 충지, 치아 정출(挺出) 또는 외상에 의해 발생할 수 있다. 진료기록상 치수 괴사에 대한 내용은 없으나, 발수 및 근관치료한 것으로 보아 치수괴사가 있었다고 판단된다.

In the medical record, it is unclear whether Chewing inconvenience is expressed as a school disturbance, or it is actually expressed as a school disturbance. There is no medical treatment and examination record for a school disturbance.

[Based on the recognition] Gap evidence Nos. 2 and 3, the result of the examination of the medical record on the director of the hospital held by the court of first instance, the result of the inquiry into the director of the hospital held by the court of first instance and the purport of the whole pleadings

D. Determination

1) Article 4(1) of the Act on Persons of Distinguished Services to the State stipulates that any of the following persons of distinguished services to the State and their bereaved family members shall be entitled to honorable treatment under this Act. Article 4(1)4 of the Act on Persons of Distinguished Services to the State, who were discharged from active service or retired from military service by suffering from wounds in combat action or in the performance of duties corresponding thereto, includes persons who were judged to have suffered physical disability falling within that degree of injury under Article 6-4 in a physical examination conducted by the Minister of Patriots and Veterans Affairs, and persons discharged from active service or retired from military service by suffering from wounds in the course of education and training or in the performance of duties as military personnel or police officers under subparagraph 6 of the same Article, who are judged to have suffered physical disability falling within that degree of injury under that degree of injury under Article 6-4 in a physical examination conducted by the Minister of Patriots and Veterans Affairs. Meanwhile, Article 6-4(1) of the Act on Persons of Distinguished Services to the State shall be determined by the degree of injury of such persons:

Therefore, even if a soldier was discharged from active service by suffering from wounds in combat action or in the performance of duties corresponding thereto, or was discharged from active service by suffering from wounds in education training or in the performance of duties, such wounds are not limited to the degree of disability rating under Article 6-4 of the Act on Persons of Distinguished Service to the State, nor are

2) We examine whether the degree of disability suffered by the Plaintiff constitutes a disability rating under Article 6-4 of the Act on Persons of Distinguished Services to the State.

Article 6-4 of the Act on the Persons, etc. of Distinguished Services to the State stipulates that "the degree of disability of a person subject to physical examination under Article 6-3 (1) shall be determined by classifying it into Grade 1, Grade 2, Grade 3, Grade 4, Grade 5, Grade 6, and Grade 7 according to the degree of disability (paragraph 1), and matters necessary for the classification, determination, etc. of disability ratings under paragraph (1) shall be prescribed by Presidential Decree (paragraph 2)." Article 14 (3) of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Presidential Decree No. 21686 of August 13, 2009; hereinafter referred to as the "Enforcement Decree of the Act on the Persons, etc. of Distinguished Services to the State") provides that "the classification of disability according to the degree of disability of a person subject to physical examination under Article 6-3 (Attachment 3) shall be as specified in attached Table 6-2 (Classification No. 34), 7)" and 5 (excluding 5).

Meanwhile, Article 8-3 of the Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Ordinance of the Prime Minister No. 909 of Aug. 25, 2009; hereinafter referred to as the "Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State") provides that "the determination of the disability rating for physical injury by physical injury shall be based on the criteria in attached Table 3 pursuant to Article 14(2) of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State." The Enforcement Rule of the Act on the Persons, etc. of Distinguished Services to the State [Attachment 3] provides that "a person who has a minor functional disorder in an institution that consumes food" among "the contents of disability rating" (Grade 6(2) 34) provides that "a person who has lost his/her mouth or he/she can suffer from a fluoral disorder and a fluoral disorder."

(1) In the event that there are three or more frys of the upper part of the body purchased by malconiums, (2) a person who falls under the category of fests of the lower part of the lower part of the body purchased by malconiums; (5) a person who has a reflectr organization on the upper part of the malconiums; (2) a person who has an reflectr organization on the upper part of the malconiums of the openings of the openings of the openings of the openings of the openings of the openings of the openings of the opening; (3) a person who has no change in the face heading with the upper part of the inner part of the body of the malconium in dental medicine; (4) a person who has lost the highest length of the upper part of the inner part of the body of the dental medicine due to the malconiums, or a person who has lost the upper part of the malconiums or the upper part of the malconiums.

The injury of this case is the process of cutting off the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are

4. Conclusion

The plaintiff's claim is without merit. The judgment of the court of first instance is unfair on the contrary. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is dismissed.

Judges Kim Jong-dae

Judges Lee Dong-dae

Judges New/Lathering Materials

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.