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(영문) 부산고등법원(창원) 2015.09.23 2014누10632
상이등급결정취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Details of the disposition;

A. 1) On February 22, 2007, the Plaintiff entered the army as a noncommissioned officer of the Army Special Power Headquarters, and served in the BA Special Power Center after being on May 25, 2007. 2) On December 4, 2008, the Plaintiff filed an appeal against the Plaintiff to the right knee, knee, knee, knee, knee, knee, knee, while working in the mountain field with the physical power force against the gel measurement of the headquarters.

On February 16, 2009, the Plaintiff was diagnosed by the upper right slelet, the upper right slelet, the upper right slelet, and the right sleletitis (hereinafter referred to as the “instant wounds”). On March 11, 2009, the Plaintiff was under the examination and the dry slelet surgery.

The plaintiff was hospitalized in the above hospital for rehabilitation from March 10, 2009 to March 27, 2009.

3) On April 1, 2009, the Plaintiff continued hospitalized treatment at the Armed Forces Waterworks Hospital, the Armed Forces Assistant Hospital, and on August 31, 2009, due to the instant wounds, and received hospitalized treatment at the Armed Forces Water Service Hospital. Ultimately, on October 31, 2009, the Plaintiff discharged the Plaintiff from military service on October 31, 2009. (b) The Plaintiff filed an application for registration of persons of distinguished service to the State on November 24, 2009, and the Board of Patriots and Veterans (the Board of Patriots and Veterans) decided on January 12, 2010 on the Plaintiff as the requirements for persons of distinguished service to the State, recognizing that the instant wounds occurred in the course of performing official duties.

The Board of Patriots and Veterans Entitlement notified the defendant (the head of Msan Veterans Branch at that time) of this decision on the same day.

2) On March 10, 2010, the Plaintiff underwent a physical examination for the classification of disability ratings at the Busan Veterans Hospital. As a result of the examination, the Plaintiff was judged to have no special visit in terms of Jeondo and NCV test (EMG & NCV), and was found to have claimed for the restriction on function but failed to meet the grade criteria. (iii) Accordingly, on March 15, 2010, the Defendant rendered a judgment below the rating criteria that the degree of disability of the instant disability falls short of the physical standard prescribed by the law.

C. On April 4, 2012, the Plaintiff determined below the second grade criteria is registered with the Defendant to have rendered distinguished services to the State.

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