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(영문) 인천지방법원 2018.07.10 2016구단50683

국가유공자요건비해당결정취소

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. On October 1, 2014, the Plaintiff, who was admitted to the hospital on January 2, 2013, and was discharged from active service on October 1, 2014, made a statement that “Any person who was discharged from the military service with the maturity of DMZ (hereinafter “the instant injury”) used the Malar medicine at the GP of the Gangwon-do Group BGGGGP at all times, and was discharged from the maturity, such as Gutotoo and fish drums, etc. after the discharge from the maturity, and received non-exploitation by the Seoul large hospital’s inspection that he/she satise and was discharged from the mara infection due to Malar infection,” and the application was accepted as “a person of distinguished service to the State on July 20, 2015” (hereinafter “the instant injury”).

B. However, on January 5, 2016, as a result of the physical examination conducted by the Central Veterans Hospital, the Defendant rendered a disposition of disability rating classification results (hereinafter “instant disposition”) to the Plaintiff on March 3, 2016.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 to 5, and Eul evidence 16

2. Whether the instant disposition is lawful

A. The key issue of the instant case and the relevant provisions are whether the “Mararia (after in the state of non-fluoral)” falls under the criteria for disability ratings under Article 14 (Classification, etc. of Disability Ratings) [Attachment 3] of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment of Persons of Distinguished Services to the State”) and Article 8-3 (Determination of Disability Ratings Rating by Body

Enforcement Decree of the Act on Persons of Distinguished Services to the State [Attachment 3] Classification Table of Disability Ratings (Related to Article 14(3)];

5. An average person with labor ability of Grade 6, Grade 6, Grade 6, and Grade 5111 on the top of the body with a disability rating, such as chest clothes, and Grade 5108, who has lost labor ability of at least 1/3 of the average person due to a disability, such as chest and organs, etc. 510 on the top of the body with a disability rating, due to a disability of Grade 6, Grade 6, Paragraph 3, 511, and 511 on the top of the body with a disability, such as chest and organs, etc., and who has a disorder in the function due to a disability, such as chest and organs, etc.