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(영문) 대구지방법원 2020.12.11 2018구단11406

상이등급결정취소

Text

The Defendant’s decision on February 5, 2018 pertaining to non-conformity of the disability rating granted to the Plaintiff shall be revoked.

The costs of lawsuit.

Reasons

1. Details of the disposition;

A. The plaintiff entered the Army on June 18, 1996 and was discharged from military service on November 18, 1997.

B. On October 24, 1997, the Plaintiff filed an application for registration of a person who has rendered distinguished services to the State pursuant to the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act”), alleging that the occurrence of “the occurrence” occurred in the process of repeating the operation of moving shoulders for the repair of steel liters,” while serving in the military. However, on October 24, 2009, the Defendant rendered a decision that the Plaintiff fell under the requirements of a person who has rendered distinguished services to the State, pursuant to the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State.

C. On August 16, 2016, the Plaintiff again rendered an application for registration of the instant wounds to the State, and on May 25, 2017, the Defendant rendered a decision against the Plaintiff that the Plaintiff constitutes a soldier, police officer, etc. under the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “The Veterans’ Compensation Act”).

On June 30, 2017, the Plaintiff was subject to a new physical examination for the determination of rating, but the Plaintiff was determined to fall short of the standards for rating, and on October 24, 2017, the Defendant issued a disposition to determine that the Plaintiff falls short of the standards for rating according to the results of the physical examination of the above disability rating classification.

E. On November 8, 2017, the Plaintiff filed an application for a re-examination and received a re-examination on December 7, 2017, but was determined as falling short of the standard for rating on the following grounds.

1. Injury: (a) the degree of disability of the face-to-face 2: 3) the opinion that the degree of disability is below the grade standard: (b) the medical treatment due to the escape from the habitor of the habitor and the statement of the well-being should be submitted; (c) the special particulars should be submitted; (d) the pain was serious and the examination was not conducted;

F. On February 5, 2018, the Defendant’s physical examination of the disability rating classification conducted by the Daegu Veterans Hospital and the review of the disability rating by the Board of Patriots and Veterans Entitlement, and the degree of disability of the wounded wife is in accordance with the criteria for disability rating under Article 6-4 of the Act on Persons of Distinguished Services to the State (