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(영문) 수원지방법원 2019.05.22 2018구단9129
국가유공자및보훈보상대상자상이등급신체검사결정처분취소청구
Text

1. The Defendant’s physical examination grading rendered to the Plaintiff on February 19, 2018 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On March 1, 2001, the Plaintiff was appointed as a Army officer, and was discharged from the retirement age on March 31, 2016.

B. On April 15, 2016, the Plaintiff applied for registration of a person of distinguished service to the State as knee-free on the ground that he/she fell under the requirements of a person of distinguished service to the State or a person eligible for veteran’s compensation. However, on the ground that he/she received a physical examination of the 232 veterans examination conference (e.g., 2016), the Plaintiff was notified of the fact that he/she fell under the requirements of a person of distinguished service to the State or a person eligible for veteran’s compensation. However, on September 30, 2016, he/she was notified of the fact that he/she fell under the requirements of a person of distinguished service to the State or a person of distinguished service to the State in terms of 3-4, L5-S1 (L3, 5 parts spine-1 and 4-5) at the 230th veterans examination conference (e.g., 2016).

E. The Plaintiff, who was dissatisfied with the instant disposition, filed an administrative appeal on February 27, 2018, but was dismissed on July 27, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 4 through 8, Eul evidence Nos. 1 through 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is fixed to the pelpare of spine inverte so that the plaintiff is not less than 10% but less than 30% of the normal sports scope.

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