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(영문) 부산지방법원 2016.08.17 2015구단21210
재판정신체검사등급판정처분취소
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 April 8, 1969, the Plaintiff entered the Army and was discharged from military service on February 4, 1970 by suffering from injuries in the telegraph waves due to a mine breadth accident.

B. On May 24, 1999, the Plaintiff applied for registration of a person of distinguished service to the State on a telegraphic wave (the left-hand side and right-hand side of the fluoral register, the back-hand side of the fluoral register, the left-hand side of the fluoral register, the left-hand side of the fluoral register, and the right-hand side of

C. After that, on January 6, 200, the Plaintiff received a disability rating 7 rating in a physical examination for re-verification and applied for a re-examination to the Defendant on December 11, 2014. On January 20, 2015, when the result of a re-examination conducted at the Busan Veterans Hospital on January 20, 2015, the Defendant issued a notice of the result of the re-examination of the classification of the disability rating (with no change) to the Plaintiff on May 26, 2015 (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The instant disposition, which judged that the Plaintiff’s disability rating was the same as that of the previous 7th degree, even though the Plaintiff’s disability rating was in a state where the symptoms of the Plaintiff’s wife with the significant aggravation of the symptoms, were considerably worse, was unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. The evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff constitutes a disability rating higher than that higher than that higher than that higher than that higher than that higher than that higher than that higher than that of the disability rating

Rather, according to the statement No. 3 and the result of the physical examination of the director of the Busan White Hospital affiliated with the Human Data University of this Court, medical opinion is presented that the plaintiff's disability rating corresponds to Class 7 (the person whose disability rating is restricted in employment due to the functional disorder of the Seongbuk system).

Therefore, the defendant's disposition of this case is legitimate, and it is different from this.

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