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(영문) 대전지방법원 2016.04.28 2015구단672
재판정 신체검사판정처분취소
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 October 5, 1971, the Plaintiff entered the Army and was discharged from military service on June 30, 1972.

B. On June 30, 2003, the Plaintiff was recognized to have suffered from a brupted signboard escape certificate (hereinafter “the instant injury”), during the training in the Egradic training center, and was registered as a person of distinguished service to the State (military police officer) of “a person who has a minor climate or functional disorder” in 7th 802 disability rating “7th 802th 7th 7th 802: 7th 7th 802: A person who

C. The Plaintiff filed an application for a reclassification on three occasions thereafter, and the Defendant rendered a judgment on changes in “Class 7 802” of each disability rating on June 15, 2004, February 15, 2008, and June 30, 201.

On January 21, 2015, the Plaintiff filed an application for a re-examination on a trial basis. On April 16, 2015, the Defendant rendered the instant disposition hereinafter referred to as “the instant disposition” as a result of the re-examination that: “A person who has a minor functional disorder or modified disorder in spine (the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State was amended and whose classification was changed)” falls under “a person who has a minor functional disorder or modified disorder in spine.”

A. [The facts that there is no dispute over the basis of recognition, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 to 5, the purport of the whole pleadings, and the purport of the whole pleadings.

2. In light of the degree of disability suffered from the instant injury, the Plaintiff’s assertion is that “a person who is confirmed to have any flive disorder, which is limited to not less than 10% but less than 30% of the normal exercise scope and which can be medically proven in the field of genetic testing, special inspection, etc., and has any flive disorder, etc., which can be clearly proved: Grade 6(2) (No. 6107 or 6108): Grade 6(2)(No. 6107 or 6107): Grade 6(2)(6108) of Grade 6: A person with any flive disorder in spine, who has any flive disorder in spine.

Therefore, the defendant's disposition of this case is unlawful without accurately grasping the present state of the plaintiff, and on different premise.

3. Judgment on the lawfulness of the instant disposition

(a) as shown in the Attachment of the relevant statutes;

B. The instant difference is determined.

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