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(영문) 서울행정법원 2018.01.25 2017구단51450
재확인신체검사 등급판정처분 취소 청구의 소
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 September 23, 2003, while serving in the Army on April 29, 2003, the Plaintiff was discharged from military service on Sep. 23, 2003, under the diagnosis of the right knee-free skne-man, the right skne-man, the right skne-man, and the diagnosis of half-month sle-man, the right sle-man, the right sle-man, and the internal and external half-month sle-man, the Plaintiff was discharged from military service on March 17, 2004.

B. On March 17, 2004, the Plaintiff was determined by the Defendant to have rendered distinguished services to the State (military police officers) on the basis of the recognition of the “Stop fever, which is the first half of the stoke in the right s to the right s to the right s to the right s to the contrary” (hereinafter “the instant wounds”), but was judged to have failed to meet the grading standards in a physical examination on December 17, 2004.

C. On May 8, 2015, the Plaintiff filed an application for re-registration with the Defendant on October 26, 2015, and received the relevant determination on the requirements for persons who rendered distinguished services to the State (or the Armed Forces in the line of duty) and received a decision that constituted class 7 and class 8112 of the disability rating on March 9, 2016 (hereinafter “instant disposition”).

The plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on October 18, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings

2. Determination on the legitimacy of the disposition

A. At the time of the Plaintiff’s assertion and treatment of the instant wounds, the military officer of the Daejeon Military Hospital was serious enough to indicate “unclaimed” as to the expected post-treatment after the operation. At the present time, the Plaintiff continues to provide slot pains, and the Plaintiff is in a serious condition to take into account anti-monthly transplantation in order to prevent the progress of ornamental salt in the future. Thus, the injury rating of the instant wounds is at least Grade 6, but the instant disposition based on a different premise is unlawful.

B. Determination 1.

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