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(영문) 대전고등법원 2018.10.11 2018누11393

국가유공자등급변경

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, except for the addition of Paragraph (2). Thus, this is cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The addition;

A. On the 5th page of the first instance judgment, “The other party to the disposition 1 of this case is not the Plaintiff,” and thereafter, “The other party to the disposition 1 of this case is the deceased who is not the Plaintiff (it can be known that it was January 7, 2016 when the deceased applied for a trial for a trial, even if the date of application indicated in the relevant disposition is the date of application indicated in the written disposition), but it can be said that the notification was merely a fact that the bereaved family

In the first instance judgment, “I do not have the right to file an application for the registration of bereaved family members of a person who has rendered distinguished service to the State because I would not have the right of priority among bereaved family members of the deceased, and even if registered bereaved family members under the Act on Persons who have rendered distinguished service to the State, I would not have the right to dispute the disability rating granted to the deceased (the disability rating of the person who has rendered distinguished service to the State is determined according to physical examinations after recognizing the requirements for a person who has rendered distinguished service to the State. It is necessary to undergo a written re-examination after recognizing the disability rating of the deceased, and as mentioned thereafter, a written re-determination physical examination of the deceased may be requested only by the person who has rendered distinguished service to the State. Even if registered bereaved family members under the Act on Persons who have rendered distinguished Service to the State are recognized, and there is no legal basis to deem that the bereaved family members are given the opportunity to dispute the disability rating to the deceased.” As such, the entitlement to bereaved family members under the Act on Persons of Distinguished