상이등급결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On October 24, 1981, the Plaintiff entered the Army and was discharged from the military service on April 30, 1986, after he was discharged from the military service on April 30, 1986.
On October 27, 2015, the Defendant rendered a decision as to whether the Plaintiff constitutes a person eligible for veteran’s compensation by recognizing the Plaintiff’s “supresive escape from the recurrence” (hereinafter “instant wounds”).
On January 6, 2016, following the physical examination of recognized family members and the resolution of the Board of Patriots and Veterans Entitlement, the Defendant rendered a decision on whether the Plaintiff constitutes a person eligible for veteran's compensation on the ground that the degree of physical disability caused by recognized family members does not meet the criteria for disability rating.
(hereinafter “Disposition in this case”). 【No dispute exists, Eul’s evidence Nos. 1, 3, and 5, and the purport of the entire pleadings
2. Whether the disposition is lawful;
A. The Plaintiff asserted that the Plaintiff did not have a force to the different parts of the instant case, and that there was no significant difficulty in living due to continuous pain, and that the symptoms of the instant wound continue to exist up to the recent years, and thus, the instant disposition is unlawful.
B. The Plaintiff is liable to prove that the degree of physical disability caused by the injury sustained in the performance of judgment constitutes higher than the grade prescribed by the law.
(See Supreme Court Decision 201Du26589 Decided August 22, 2013). In order for the Plaintiff to fall under Class 7 (7) of the disability rating, the Plaintiff ought to fall under ① a person with damp-gu (excluding congenitality)”, ② a person who does not interfere with his/her daily life due to the dynamics of Section B, ② a person who needs to install fixed equipment in his/her labor, or ③ a person whose physical area of one part of the three sections of one arms is limited by at least 1/4 of the physical area of one section.
(Article 6(2) of the Act on Support for Persons Eligible for Veteran's Compensation, Article 6-4 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State, Article 14(3) [Attachment 3] of the Enforcement Decree of the same Act, Article 8-3 [Attachment 4] of the Enforcement Rule of the same Act, and