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(영문) 서울행정법원 2016.08.25 2015구단9769
상이등급구분신체검사등급판정처분취소
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 July 3, 1961, the Plaintiff entered the Army and was discharged from military service on January 28, 1964. On May 31, 1962, 1962, the Plaintiff asserted that he/she was engaged in “prestigious trade” in the process of arresting a espionage locked to the public, while serving in the military. On April 19, 2013, the Plaintiff filed an application for registration with the Defendant for distinguished services to the State, and on February 5, 2014, the Plaintiff was recognized as a person of distinguished services to the State.

B. On March 6, 2014, the Defendant conducted a physical examination for the Plaintiff on March 6, 2014. As a result of the physical examination conducted by the Central Veterans Hospital, the Defendant decided on June 9, 2014 that the Plaintiff constitutes class VII 8122 as “a person who has a serious functional disorder in the Do under one section among the three sections of Han Bridges.”

C. On August 6, 2014, the Plaintiff requested a reexamination. On November 20, 2014, the Defendant, following a reexamination, rendered a grading disposition to the effect that the Plaintiff’s disability status due to the same injury to the Plaintiff constitutes class 7, class 8122 (the instant disposition shall be conducted below).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 through 6, Eul evidence No. 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The plaintiff asserted that the plaintiff entered a sacrack and sacrack in the military service while carrying out a counter-espionage arrest operation. However, the plaintiff's disposition of this case based on different premise is unlawful since the plaintiff's sacrack and sacracks down in the right sacracks, caused by the above sacrackscrackscracks from the right sacrackscracks, and the plaintiff suffered a sacrackscracks to the right sacracks, and it is difficult for the plaintiff to lead a daily life.

(b) Matters concerning the honorable treatment and support of persons of distinguished services to the State;

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