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(영문) 광주지방법원 2016.09.22 2016구단10162

상이등급결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On February 8, 2011, the Plaintiff was admitted as a person eligible for veteran’s compensation from the Defendant on May 31, 2012, and was discharged from military service on May 31, 2012 at the Armed Forces Capital Hospital (hereinafter “the instant wound”). However, the Plaintiff was determined to have failed to meet the rating standards in a physical examination conducted around that time.

B. After that, the Plaintiff filed an application for a re-verification physical examination with the Defendant on August 27, 2015, but was determined to fall short of the grading standard as a result of the physical examination conducted at the Gwangju Veterans Hospital on September 21, 2015, and the Defendant, following the deliberation of the Board of Patriots and Veterans Entitlement, notified the Plaintiff that the Plaintiff failed to meet the grading standard (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2 (including additional numbers), Eul No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion did not improve the instability caused by the climatic damage even though he received a preserved treatment for more than 3 years since the instant injury, and the degree of the climatic damage constitutes 10.1m. Therefore, even though the degree of the climatic damage falls under at least Grade 7 of the disability rating, the instant disposition made on a different premise is unlawful.

B. 1) Determination 1) Article 6-4(3) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, which is applied mutatis mutandis pursuant to Article 2 of the Act on Support for Persons Eligible for Veteran’s Compensation, and Article 14(3) [Attachment 3] of the Enforcement Decree of the same Act, and Article 8-3 [Attachment 4] of the Enforcement Rule of the same Act provides that “persons whose degree of instability caused by damage to the public interest is at least 10 millimeters (m)” falls under Grade 7-8122 of the disability rating (Article 8122 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, which is applied mutatis mutandis pursuant to Article 6-4(2) of the Act on Support for Persons Eligible for Veteran’s Compensation, etc., and Article 8-3 of the Enforcement Rule of the same Act,