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(영문) 서울행정법원 2014.09.25 2013구합56591
상이등급개정불가결정취소
Text

1. The part concerning the claim for a raise in disability ratings among the instant lawsuits shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

Reasons

1. Details of the disposition;

A. On December 31, 2005, the Plaintiff’s spouse B (hereinafter “the deceased”) was discharged from military service on December 31, 2005, and was receiving a wounded veterans’ pension corresponding to Class 3 subparag. 4 of the disability rating (a person whose long-term function of chest-do has a obvious obstacle to the remaining life and is unable to engage in labor for one’s life) due to the outbreak of crym cancer during military service, and was adjusted to Grade 7-5 of the disability rating in the amended 2011.

B. Since then, the deceased applied for an amendment demanding a raise in the disability rating to the defendant, but on May 13, 2012, the deceased died before the decision was made by the defendant. On October 17, 2012, the defendant brought a lawsuit of this case on the ground that “An application for a change of disability rating is premised on the degree of disability or aggravation, but in the case of the deceased, the deceased died rapidly due to the aggravation of disease.” (hereinafter “the instant disposition”), the deceased dismissed the application for an amendment of the disability rating of the deceased on the ground that “an application for a change of disability rating was made on the premise that the degree of disability was deteriorated or aggravated, but this cannot be deemed as a fixed disability.” (hereinafter “the instant disposition”), while the plaintiff appealed against the instant disposition and filed a request for reexamination, the plaintiff was dismissed on March 22, 2013 (the Plaintiff was served on the Plaintiff on April 15, 2013), and on June 28, 2013.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 2, purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion that his disability was aggravated from the revised body in 2011 to the date of the death after the disability rating was lower adjusted.

Therefore, although the disability rating of the deceased should be adjusted upward, the defendant refused it, which is unlawful.

(b) Attached Form of relevant statutes;

C. Determination 1 as to the legitimacy of the claim for a higher grade adjustment among the instant lawsuit, the Plaintiff, as well as the revocation of the instant disposition, against the Defendant as well as the Deceased.

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