상이등급판정처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Grounds for the court's explanation concerning this case are those of the judgment of the court of first instance.
2.(a)
Plaintiff’s argument
D. The judgment part is identical to the reasoning of the judgment of the first instance except for the reexamination as follows 2, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment on the plaintiff's assertion
A. The plaintiff's assertion is currently suffering from severe symptoms of donation due to the "unamended draft", but the defendant did not take into account the determination of the plaintiff's disability rating.
Considering the current status of donation in accordance with the “Unclaimed Draft”, the Plaintiff’s disability rating is 4. Of the determination of disability ratings by physical parts of Article 8-3 [Attachment 4] of the Enforcement Rule of the Act on Persons of Distinguished Service
B. Article 6(2)(d) of the applicable grade 3) provides that “A person with labor capacity still remains to a certain degree, but with strong sacrificing of the donation, or with obvious abnormal sacrificings as a result of the examination of the flat function (hereinafter “instant provision”) falls under class 6(2)(d) of the instant provision.
B. In full view of the relevant statutes and medical opinions, such as the Act on Persons of Distinguished Services to the State, the Enforcement Decree, and the Enforcement Rule of the same Act, the provision of this case, which set the criteria for determining the degree of disability or methods to determine the difference of visual disability for the following reasons, cannot be applied, or the degree of difference cannot be deemed to correspond to the degree of disability of the provision of this case. Thus, the Plaintiff’s claim of this case is without merit.
1. Article 6-5 of the Act on Persons of Distinguished Services to the State shall be determined by the Minister of Patriots and Veterans Affairs upon request for additional recognition of wounds, subject to deliberation and resolution by the Board of Patriots and Veterans Entitlement, and those who are additionally recognized shall be deemed to have applied for a medical examination for re-determination on the date they