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(영문) 인천지방법원 2016.02.16 2014구단622

상이등급결정취소

Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. From August 13, 1972 to February 24, 1973, the Deceased died on February 22, 2013.

After changing the grade before the change of the previous class of a new type of diagnosis, the rating date of the previous class of the urology 7th grade 201, 7th grade 702, 7th grade 7th grade 7, 7th grade 115, and 7th grade 5111 on April 24, 2013, even though the grade falls short of the standards for the rating of the epidemacy infection in the previous class on March 8, 2013, the rating date falls short of the standards for the rating of the epidemacy infection in the previous class.

B. On July 9, 2012, the Deceased applied for a physical examination on the classification of defoliants’s injury rating for each of the following “recognized disease” to the Defendant, and as seen earlier, the “date of the determination” of the same Table as the Deceased died was subject to a physical examination to determine a disability rating by documentary examination on the date and time as indicated in each of the above items, and was determined by the Defendant on May 21, 2013 as “after the change” of the same Table by each of the Defendant.

After a comprehensive assessment of a new type-accredited disease before the comprehensive assessment of a new type-accredited disease, Grade VII 5.11, Grade VII 5.15, Grade VII 5.111, Grade VII 5.11, Grade VII 5.15, Grade VI 6.13, Grade VI 4113, Paragraph 1(6) of Grade VI 6.13

C. On February 5, 2013, the Deceased applied for registration of additional patients suffering from actual aftereffects of defoliants to the Defendant, and the Defendant, following a physical examination conducted by the Central Veterans Hospital on November 20, 2013, notified the Deceased on February 18, 2014, that “a disease” in the following table was determined as “after comprehensive determination” in relation to actual aftereffects of defoliants as indicated in the same Table, as indicated in the previous Table, as the disability rating:

(hereinafter “instant disposition”) D.

Meanwhile, Plaintiff A is the deceased’s spouse, and the remaining Plaintiffs except Plaintiff A are the deceased’s children.

[Reasons for Recognition] Facts without dispute, Gap 1, 4, 8, 9, 1 to 1.