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(영문) 서울행정법원 2017.06.23 2016구단10346
상이등급구분신체검사등급판정처분취소
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 June 1, 2012, the Plaintiff is serving military service as Second Lieutenant in the Navy.

On August 31, 2013, the discharge from active service was discharged from First Lieutenant.

B. On November 11, 2014, the Defendant recognized that the Plaintiff’s physical disability caused by the instant wound constituted the requirements for a soldier and police officer under Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “instant wound”) with respect to the prestigious and semi-surinary surbing of the U.S. that the Plaintiff sustained during his military service, but on April 13, 2015, the Defendant issued a disposition that the degree of physical disability caused by the instant wound falls short of the criteria for a disability rating under Article 14(3) [Attachment 3] of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, which is applicable mutatis mutandis pursuant to Article 6(2) of the Act on Support for Persons Eligible for Veteran’s Compensation, Etc. for Persons Eligible for Veteran’s Compensation (hereinafter “instant disposition”).

C. On July 2, 2015, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on January 19, 2016.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2, 5-1, 5-2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case should be revoked in that it is unlawful in that it is as follows.

1) The Plaintiff suffered great trouble in the life and general social life of leading players, such as knee knee kne, etc., and the Plaintiff’s disability caused by the instant wound constitutes at least Grade 7 and Grade 8122 on the instant separate sheet (Article 7 and Grade 8122 on the part of one of the three sections of one bridge). (2) On April 111, 2013, the Plaintiff was suffering from the instant wound because of the accident where the bridge knee kne snee snee snee snee snee snee snee snee snee snee snee sle sle sle sle sle sle sle sle s

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