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(영문) 부산지방법원 2017.02.08 2016구단20658

상이등급결정취소

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 December 29, 2010, while the Plaintiff was working at the guard boat belonging to the National Police Station of the National Police Station of the East Sea on March 16, 2009, the Plaintiff suffered from the injury of the fire extinguishers at the time of the suppression of vessel fires, which was shocked by the left-hand eye, with the impact on the left-hand eye, such as “inward whites, red, nautical miles, free blood transfusion, and net heat (hereinafter “the instant injury”).

B. After maturity, the Plaintiff received an application for registration of a person who rendered distinguished service to the State after discharge, and was determined by the Defendant to meet the requirements for disability rating on the instant wounds under the former part of Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act”), but was determined on August 24, 201 to fall short of the criteria for disability rating in a physical examination conducted on December 27, 201

C. On October 2, 2012, the Plaintiff filed an application for a physical examination for re-verification with the Defendant. After conducting a physical examination, the Defendant: (a) deemed that the Plaintiff falls under “a person who fully loses the luminous function of one eye or two eyes in the same eye” in the disability rating table under Article 14(3) and attached Table 3 of the Enforcement Decree of the Act on Persons of Distinguished Services to the State; and (b) determined disability rating 7-1205.

After that, on May 19, 2015, the Plaintiff was classified as the subject of the ex officio physical examination and received the physical examination at the Busan Veterans Hospital. On August 27, 2015, the Defendant issued the instant disposition that the Plaintiff fell under class 7, 1205 of the Enforcement Decree of the Act on Persons, etc. of Distinguished Services to the State according to the result of the said physical examination conducted by the Board of Patriots and Veterans after its deliberation and resolution.

E. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on March 25, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 through 4 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is present.