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(영문) 서울행정법원 2015.04.10 2014구단13723

상이등급처분취소

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 30, 1950, the deceased B (C students, hereinafter “the deceased”) was discharged from military service on August 12, 1951 and died on September 20, 197.

B. On October 17, 2013, the Plaintiff, as the deceased’s spouse, filed an application for the registration of bereaved family members of a person who has rendered distinguished services to the State by asserting that the deceased was injured by bomb as at the time of the Korean War, on the left-hand side. On February 3, 2014, the Defendant determined that on February 3, 2014, the injury of the deceased constituted Article 4(1)4(d) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act of Persons of Distinguished Services to the State”).

C. Since then on March 27, 2014, as a result of a new physical examination (in writing) conducted at the Central Veterans Hospital on the deceased’s wounds, the following was determined as follows: “A person who is subject to the restriction on his/her employment latitude due to his/her functional disorder,” and “class and classification number: 7 grade and classification number: 4115”; and the Defendant rendered the physical examination grading of his/her disability rating classification (hereinafter “instant disposition”) to the Plaintiff on May 27, 2014 in accordance with the foregoing determination.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 6, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he was deceased who was unable to benefit from the Plaintiff’s birth due to the error of his name on the military register records. The degree of disability is determined to be a heavy portion of the military register and even after he was unable to walk without a stick, and that he was unable to sit immediately, and he was suffering from the death without being engaged in his occupation at a level that he could not help the Plaintiff’s death. The status of the deceased was 3rd 8107 of the disability rating (the person who cannot normally sit on the part of the deceased, such as the impairment of the high function of one bridge, the bones damage, the mane, and the strong position of the kne).