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(영문) 서울고등법원 2015.07.09 2015누34870

상이등급구분재판정 신체검사 등급미달판정처분취소

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On July 16, 2001, the Plaintiff entered the Navy and discharged from the military on August 17, 2002, and filed an application for registration with the Defendant on the right side (hereinafter “the instant injury”). On this basis, the Defendant determined that the Plaintiff constituted a soldier or policeman on duty on November 7, 2003, and determined that the Plaintiff was a soldier or policeman on duty on December 23, 2003, following a physical examination on December 23, 2003.

Accordingly, the plaintiff has received honorable treatment and support as a person of distinguished service to the State since 2003.

However, as the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act”) was amended on July 1, 2012, family allowances were newly established. The Plaintiff applied for a re-examination for the instant wounds to the Defendant to additionally receive KRW 100,000 for allowances to his/her spouse.

On May 2, 2013, the Plaintiff signed on May 2, 2013, the document stating “inform about the change of the support system following the physical examination for a re-determination,” and the document contains the following descriptions:

As the system for veterans and the system for the reorganization of compensation system is implemented, if persons who have rendered distinguished services to the State and persons who have rendered distinguished services to the State receive a physical examination for the trial by the previous law, the support system will be modified as follows:

After confirming the changes, the time to determine whether to apply for a re-trial physical examination after confirming the changes.

The improved procedures for physical examinations and disability rating standards shall be applied.

(1) The Board of Patriots and Veterans Entitlement shall determine a disability rating.

-In the first physical examination of veterans hospitals, etc., the Board of Patriots and Veterans consisting of outside medical specialists, etc. based on the results of the physical examination, and the final determination of disability ratings requires a somewhat large period of time.

(2) Criteria for disability ratings shall also be reflected and adjusted in the latest medical technology, etc.

- Some adjusted aspects such as the establishment of Grade 6 3, but lower than before.