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(영문) 춘천지방법원강릉지원 2015.11.19 2015구합1640

상이등급기준미달 판정처분 취소청구의 소

Text

1. A disposition that the Defendant rendered to the Plaintiff on January 27, 2015 below the disability rating standard shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the instant disposition

A. After entering the Army on March 19, 1971, the Plaintiff was placed in the 11st century from March 28, 1972 to February 13, 1973, and was discharged from military service on January 13, 1974.

B. From around 1999, the Plaintiff had symptoms, such as dry-dried, high blood pressure, blood transfusions, and stimula, and the Plaintiff filed an application for registration of patients suffering from actual aftereffects of defoliants with the Defendant on July 25, 2014.

C. On December 23, 2014, the Plaintiff was treated with an ornamental beer in B Hospital with the heart of the ornamental beer. D.

On January 27, 2015, the Defendant: (a) determined the Plaintiff as a patient suffering from actual aftereffects of defoliants as a patient suffering from actual aftereffects of defoliants; (b) on the ground that the Plaintiff’s chronic heart disease was found to be the actual aftereffects of defoliants; (c) on the ground that the said her chronic heart disease does not fall under the grade criteria for less than 50% of the narrow exploitation rate based on video

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute; Gap evidence Nos. 1, 2, and Eul evidence Nos. 3 and 4; the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Under [Attachment 4] of the Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment and Support of Persons, etc.”) of Persons, etc. of Distinguished Services to the State, the purport of the Plaintiff’s assertion requires the determination of the disability rating of “Article 6(2)(5108) when he/she undergoes an internal arbitration operation due to her He/she suffers from herthic heart disease, and the Plaintiff was under an internal arbitration operation due to herthic heart disease,

Nevertheless, other dispositions of this case are unlawful.

(b) Entry in the attached Form of relevant statutes;

C. The facts of recognition (1) The Plaintiff, from around July 2000 to after being treated as having been treated as having been treated as having been treated as having been under high blood pressure and was transferred to C Hospital after being treated as having been treated as having been transported to B hospital. The Plaintiff was treated as having been treated as having been treated as having been treated as having been treated as having been treated as having been treated as having been transferred to B hospital from September 1, 201.

The plaintiff is a chest on December 14, 201.