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(영문) 부산고등법원 2015.01.28 2013누1218

상이등급구분신체검사등급판정취소

Text

1. Revocation of the first instance judgment.

2. The Defendant rendered a decision on January 2, 2012 as to the Plaintiff’s disability rating.

Reasons

1. Details of the disposition;

A. On January 8, 1966, the Plaintiff entered the Army and participated in the Vietnam War from February 3, 1967 to July 19, 1967, and around May 19, 1967, the Plaintiff was discharged from military service on October 5, 1968 after receiving treatment from the right lower part of the Vietnam War (hereinafter “the instant injury”).

B. On August 21, 198, the Plaintiff applied for registration of a person who has rendered distinguished services to the Defendant on the ground that the ordinary course of a bridge in military service was serious pain, and the Board of Patriots and Veterans Entitlement deliberated and decided on October 28, 1998 that the Plaintiff constitutes a soldier or policeman wounded in action in action under the former part of Article 4(1)4 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act”).

C. On December 22, 198, the Plaintiff applied for a re-examination on the ground that the Plaintiff is recognized as a superior trade, but was judged as a “outstanding” with the opinion of the “outstanding of functional limitation”, and on January 7, 1999, he applied for a re-examination on the ground that the Plaintiff “outstanding symptoms, such as nee, knenee, mae, mariopia, mariopia, etc., due to the Mali, an abnormal symptoms, etc.” on the part of the Busan Veterans Hospital. However, on February 26, 1999, the Plaintiff was determined as “outboard.”

On January 13, 200, the Plaintiff filed an application for re-registration of a person of distinguished service to the State on the ground that “it is impossible to work in the form of pain pain,” following the ground for filing the application for re-registration. On March 4, 2000, the Plaintiff received a physical examination at the Busan Veterans Hospital, but was judged to be “the level below the standard” as the opinion of “the level below the level”.

E. On January 19, 2005, the Plaintiff filed an application for registration of a person of distinguished service to the State under the name of additional deliberative soldiers for “Mararia and Pacific Industries” and received physical examination at the Busan Veterans Hospital on October 21, 2005.