beta
(영문) 서울행정법원 2018.04.25 2016구단24444

상이등급구분 신체검사등급판정 취소

Text

1. The determination that the Defendant deliberated and resolved on July 13, 2016 on the Plaintiff’s disability rating classification No. 5 to class 9050 shall be made.

Reasons

1. Details of the disposition;

A. On May 12, 1965, the Plaintiff entered the Army and participated in Vietnam from August 10, 1966 to February 11, 1968. Around March 16, 1968, the Plaintiff was recognized as a legacy after defoliants (hereinafter “the instant wound”). On September 5, 2012, the Plaintiff was determined as a comprehensive class 6-1 as a result of the physical examination at the Central Veterans Hospital.

B. On August 27, 2015, the Plaintiff filed an application for a re-examination for the instant wounds with the Defendant. On October 13, 2015, the results of the physical examination conducted by the Central Veterans Hospital, which was presented as indicated below. On June 27, 2016, the Board of Patriots and Veterans decided that the Plaintiff’s disability rating falls under class 5, class 9050 according to the comprehensive determination criteria under the Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Enforcement Rule of the Act on the Persons of Distinguished Services to the State”). On July 13, 2016, the Defendant notified the Plaintiff that the Plaintiff’s disability rating was determined as class 5, class 9050 (hereinafter “instant disposition”).

The level of each subject and classification number physical disability of each person who is unable to engage in any work other than easy work due to a disorder in the rehabilitation of the subject and classification number 4113 of grade 6, 4113, and both parts and satisfaction parts of each person who are unable to engage in any work other than easy work, shall not be able to suffer from any satisfy, or a merger shall not be 0.02, and the satisfy of one eye per 111 of grade 6, 6, 6, 6, 6, 6, 5108, and 1/3 or more of the average person’s ability to work due to a disorder in the rehabilitation of the medical examination process, 4113, 6, 4115, and 6, 7, 7, 7, 4115, and 6, 15, 3, 5, 1, 3, 5, and 5, respectively.

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion is that the Plaintiff’s urology symptoms.