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(영문) 서울고등법원 2015.10.29 2015누41076
중앙보훈병원신체검사판정결과에대한재심사청구
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On February 22, 1984, the Plaintiff was discharged from military service on May 29, 1986 when the Plaintiff entered the Army for the Republic of Korea on February 22, 1984, and was discharged from military service on May 29, 1986.2) The Plaintiff suffered from an accident that the Plaintiff was discharged from military service on June 26, 1984 and November 26, 1984 (hereinafter “the instant accident”), resulting in a loss that was cut off from stairs (hereinafter “the instant accident”), and caused the instant accident (hereinafter “the instant accident”), (1) Daumumumumum, ② Gyeongumumumumumumumumumum, ③ 5 Maneumumumumumumumum, ④ 5 Haumeume de - 1,100, 6 spineumummp, 7) escape from the instant accident (hereinafter “the instant accident”).

3) On January 9, 1997, the Plaintiff suffered the previous wounds of this case due to the instant accident that occurred while performing his duties as a soldier.

4) On February 9, 1998, the head of the Seoul Northern Family Branch refused to register the Plaintiff as a person of distinguished service to the State on the ground that the head of the Seoul Northern Family Branch cannot be deemed to have suffered any existing difference during his/her duty as a soldier on the ground that the Plaintiff cannot be deemed to have been registered as a person of distinguished service to the State.

5) The Plaintiff filed an administrative litigation seeking the revocation of the above rejection disposition, and the Seoul Administrative Court held on September 30, 1999 that the Plaintiff suffered the previous wounds of this case due to the instant accident that occurred during the performance of duties as a soldier.

The Seoul Northern Branch rendered a judgment revoking the above rejection disposition on the ground of the Act (Seoul Administrative Court 98Gu20789), and the above judgment became final and conclusive around that time. 6) Accordingly, the head of the Seoul Northern Branch of Patriots and Veterans Affairs registered the Plaintiff as a person of distinguished service to the State on the ground that the Plaintiff sustained the previous wounds in the course of performing his/her duty as a soldier and the disability rating therefrom falls under class 6 to class 117.

B. Additional recognition of the defendant's disability and disability rating

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