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(영문) 대전지방법원 2018.11.29 2018구단703
장애등급 조정신청 결정처분 취소
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 April 10, 1984, while working in the Maritime Police Team in Incheon District, the Plaintiff retired from post on December 3, 1986 by suffering spinal injury due to the accident, and on March 30, 1987, the Plaintiff applied for registration of a person who rendered distinguished services to the State on March 30, 1987, and the Plaintiff was determined as a person of distinguished services to the State (military police officer on official duty) to recognize the “Tink-in base and the left-hand-hand-down escape certificate,” and registered as a person of distinguished services

B. On November 18, 1999, when the Plaintiff applied for a reclassification physical examination and received a judgment of 5 grade 92 of the disability rating. On November 18, 1999, the Plaintiff was judged to fall under class 5 grade 92 of the disability rating, the Plaintiff filed an administrative litigation against the said disposition and received a judgment in favor of the Plaintiff (Seoul District Court Decision 2000Gu421). Accordingly, on February 1, 2001, “ class 4 grade 113 of the disability rating” was determined as the result of the written reclassification physical examination. (C) On October 10, 2011, the Plaintiff filed an application for a reclassification physical examination on October 22, 201, and the result of the reclassification physical examination was determined to fall under class 4 grade 113 of the disability rating, and the Plaintiff did not change the previous and the judgment against the said disposition was finalized (Seoul District Court Decision 2012Gudan282, Daejeon High Court Decision 2013Nu167).

After that, the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State was amended (amended by Act No. 11041, Sep. 15, 2011; enforced July 1, 2012). In other words, the Plaintiff again filed an application for a re-determination examination on March 19, 2015, which led to a decline in the rating under Grade 6-2(6) and 6108, filed an administrative litigation, but the withdrawal of the lawsuit was terminated (Seoul District Court 2016Gudan82).

E. On February 5, 2018, the Plaintiff filed an application for a re-examination on the re-examination. On March 9, 2018, the Plaintiff’s specialist in charge of the physical examination at the time of the physical examination is the opinion of “ Grade 6-6-6(2) and 6108 of the disability rating”, and on July 18, 2018, the Plaintiff decided that “the Plaintiff falls under Grade 6-6(2) and 6108 of the disability rating.” Based on the foregoing, the Defendant rendered a re-determination on July 30, 2018.

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