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(영문) 서울행정법원 2016.11.04 2016구단18845

상이등급구분 신체검사 등급판정처분 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. B entered the Army on January 29, 1950 and died on August 13, 1962 after he was discharged from active service on November 25, 1951.

B. On October 22, 2014, the Plaintiff, his father B (hereinafter “the deceased”), filed a written physical examination with the Defendant on October 22, 2014, alleging that “the deceased was discharged from honor by suffering from the injury of both high scarcitys at the time of June 25, 2015.” On May 6, 2015, the Defendant rendered a decision that the deceased’s “the deceased’s bereaved family members of distinguished service to the State” constituted the requirements for persons of distinguished service to the State (hereinafter “the deceased’s injury”). However, on the ground that the deceased’s physical disability rating was conducted by the Central Veterans Hospital on June 24, 2015, for the purpose of distinguishing the deceased’s disability rating, the injury of both sides of the deceased and the specialist’s “the deceased’s physical disability degree” did not constitute the criteria for determining the deceased’s disability rating under the Act and subordinate statutes pertaining to “the deceased’s physical disability rating cannot be assessed to 2015.14”

D. On December 21, 2015, the Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on May 24, 2016. [In the absence of any dispute over the grounds for recognition, Gap evidence Nos. 1, and Eul evidence Nos. 1 through 7, the purport of the entire pleadings, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a soldier belonging to the two teams of September 5, 1951, who was at the time of the Korean War, in Yang-gu, both of which were the two teams of Dlocks.