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(영문) 전주지방법원 2016.01.20 2014구합2338
재판정신체검사 등급판정처분 취소
Text

1. On December 26, 2013, the Defendant’s disposition of grading the trial examination conducted against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On April 18, 2002, the Plaintiff was discharged from military service on April 15, 2003 while serving in the Army.

B. On August 9, 2002, the Plaintiff complained of the radioactive source, which was diagnosed as L4-L5, L5-S1 nuclear escape certificate (hereinafter “instant wounds”) at the Armed Forces Chuncheon Hospital, and received an operation on the part of the Defendant, and was judged as Grade 7 of the person who rendered distinguished services to the State on July 9, 2004 by applying for registration to the Defendant on the part of the Defendant.

C. On August 4, 2008, due to the aggravation of L4-L5 and L5-S1, the Plaintiff was subject to convergence and finite surgery at the Scene Hospital. On April 25, 2012, the Plaintiff was subject to h5-S1’s aggravation of L5-S1, and was subject to h4-L5 on April 24, 2013 and h5-S1’s aggravation of L4-L5 and L5-S1, the Plaintiff was subject to hives and finite surgery at the Scins Hospital, and the Plaintiff was in the state of vertebrate disorder as above.

On May 14, 2013, the Plaintiff filed an application for a re-examination with the Defendant. On November 6, 2013, the Plaintiff received a physical examination at the Gwangju Veterans Hospital and received opinions from the doctor in charge that it constitutes Grade 6-6(2) and 6108 of the disability rating, but the Board of Patriots and Veterans Entitlement issued a disposition on November 27, 2013 on the ground that “The Plaintiff is confirmed to have implemented a re-examination document and MR1 post-compicing and post-compicing surgery,” but it is difficult to confirm that it is difficult to verify after comparing with the re-examination on December 4, 2012, on the ground that there is no evidentiary material to recognize the aggravation of the psychotropic symptoms, etc., and the Defendant fell under Grade 7-6109 of the disability rating, and on December 26, 2013, issued a disposition that the Plaintiff constituted Grade 7 of the disability rating as a result of the re-examination (hereinafter “instant disposition”).

E. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on July 15, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1, 2, 7, 9 through 12, and all pleadings.

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