Plaintiff

Head of Daegu Regional Veterans Administration

December 6, 2013

Daegu District Court Decision 2012Gudan4581 Decided July 19, 2013

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

1. Purport of claim

On June 22, 2012, the Defendant revoked the disposition that falls short of the grade criteria that the Plaintiff rendered against the Plaintiff.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

1. Details of the disposition;

A. On June 10, 2010, the Plaintiff entered the Army and was transferred to supplemental service on February 19, 201, and was discharged from military service on October 12 of that year.

B. On April 27, 201, at the 119 Emergency Medical Service Personnel 119 Emergency Medical Service, the Plaintiff was subject to traffic accident, and was diagnosed as “slater and non-slateral fever, right slater, right slater, right slater, right slater, right slater, and right slater,” and was diagnosed as “slater and non-slateral fever, right slater, right slater, and right slater,” at the same hospital on May 6, 201.

C. On January 12, 2012, the Plaintiff applied for registration of a person of distinguished service to the Defendant on the ground that “the Plaintiff sustained from the Defendant on April 27, 2011, due to a traffic accident that occurred while performing patient relief support activities by the 119 Emergency Medical Service Personnel on April 27, 2011, the Plaintiff incurred from the registration of a person of distinguished service to the State on the ground that “the Plaintiff sustained from the Defendant’s 119 Emergency Medical Service (hereinafter “instant wounds”).

D. Around April 10, 2012, the Defendant recognized the instant wounds suffered during the performance of official duties, and conducted a physical examination on May 7 (New) and June 21 (Review) of the same year with respect to the Plaintiff on two occasions.

E. On June 22, 2012, the Defendant rendered a disposition of notification below the rating criteria (hereinafter “instant disposition”) against the Plaintiff on the ground that “the degree of this case’s wound falls short of the rating criteria and the criteria for disability ratings prescribed in Article 6-4(2) of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 11041, Sept. 15, 201; hereinafter “former Act on Persons of Distinguished Services to the State”).

F. On August 1, 2012, the Plaintiff, who was dissatisfied with the instant disposition, filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on October 16 of that year.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including virtual number; hereinafter the same shall apply), Eul evidence 2, 6, and 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

Article 14 and attached Table 3 of the former Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State (amended by Presidential Decree No. 23885, Jun. 27, 2012; hereinafter “former Enforcement Decree of the Act on Persons, etc. of Distinguished Service to the State”) (Article 7 and 807 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (Article 2385 of the former Enforcement Decree of the Act on the Honorable Treatment of Persons, etc. of Distinguished Service to the State) are Grade 7 and 807 of the Act on the Disability of 8. Between the disability rating table of the instant case, the instant disposition that the Defendant reported otherwise is unlawful.

(b) Related statutes;

Attached Table 1 is as stated in the relevant Acts and subordinate statutes.

C. Medical opinions on the instant difference

(1) The medical certificate of June 4, 2012, issued by Nonparty 1-1, a medical specialist of the Gyeongbuk University Hospital.

- The contents of the check of inspection and the follow-up disability: there is a plere in depth on the back side of the slot, and slots are able to conduct a 0-120-do movement, and have been reconscepts using the same kind, but there is a balance in the erode and inscarcitys.The metal or yarn inserted in the process of re-operation on towing radiation is inherent in the eromatic radiation photo, and the internal instability of about 7mm and the inner instability of about 3mm degree is confirmed.

-Disability ratings: persons whose degree of injury is not less than 10mm in diameter damage, notwithstanding appropriate treatment, from among the items of persons with disorder in the eromatic function of the erode and surrounding erode, damage to the dives of the erode and the dives of the erode and surrounding erode, and those whose degree of instability due to damage to erode is not less than 10mm in diameter;

Dolnam University Hospital and Non-Party 2’s medical certificate, etc.

㈎ 2012. 6. 8.자 진단서

- Body appraisal content: The pains of the slovash and the slovash, due to slovash's symptoms at the time of appraisal, complained of the painslovash, and the slovash and the slovash in the front, rear, and inside, to the slovash. From the tension radiation photographs taken at the time of appraisal, the slovash (after the rear 9mm, 3mm in the front, 7mm in the front, 4mm in the front, rear 9mm in the front, and 3mm in the front and rear 9mm in the front, and there is a outline of 12mm in the front and rear 12mm in the front.

-Disability ratings: to be presumed to fall under Class 7 807;

㈏ 2013. 2. 20.자 소견서

- In the slots, each of the former Enforcement Decree of the Act on the Persons of Distinguished Services to the State is likely to be impeded in the event of damage to each of the people, because the former and the internal survey team play their own functional roles respectively, and if there is no provision that the former Enforcement Decree of the Act on the Persons of Distinguished Services to the State cannot be added up, it is deemed that an evaluation of disability by summing up

㈐ 당심 법원의 영남대학교병원장에 대한 사실조회결과

- Upon the implementation of a re-building operation, the Plaintiff judged that the outline of 7mm in the anti-defensivity and 3mm in the inner instability remains permanent disability.

- The Medical Advisory Meeting of the Board of Patriots and Veterans Entitlement, which includes a certain degree of unstableness, is inappropriate to be used as disability judgment criteria in applying the medical treatment policy to be operated mainly by the whole part of the whole part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the whole part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the other part of the part of the part of the part of the part of the part of the part of the part of the part of the part

-In the case of internal side parts of the parts in the inner side in the criteria for disability assessment (private land and spine) issued by the Korean Association of Foreign Science, the unstable 3 to 5mm is recognized as remaining.

- The front team and the internal survey team have their own roles of putting the frontline and the instability of the slot, so it is determined that a patient with 7mm in front and the inner unstable 3mm can be more inconvenience than the disability of the patient with 10mm in front and rear.

Article 【Korean Veterans Association's Medical Advisory Council on August 2, 2012 by Korean Veterans Association and Medical Doctors

- Indeption due to the damage of the official seal at the time of the reexamination by the plaintiff: the stability of predeption 7mm and the unstable 3mm in domestic side.

- In the case of the unstable due to the damage of the scarcitys, whether or not to consider the total unstables in the post and the unstables in the future, or whether or not to consider the pre and post and the unstables only: it is believed that there is only the pre and post and the unstables in all directions.

x) The Chairperson of the Board of Patriots and Veterans Entitlement on May 2, 2013

- It is reasonable to add up the pre-control and the pre-control in the course of measuring the pre-control instability as it includes the pre-control instability to some extent.

(v)the Seoul National University Hospital and the professor non-party 3's non-party 3's medical adviser meetings, etc.;

㈎ 2013. 5. 20.자 의학자문회신

- It is appropriate to avoid adding up the pre-explosive and internal instabilitys in terms of the opinion of this advice.

- According to 6 parts of the Egrhical science in the Korean Egrhical Association, the intensity of the pregrative unstableness is divided into three stages, and the pregrade 2mm compared to the dry side. The increase in the external regrhion in the event of damage to the side of the side of the Korean Egrhye would normally be one point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point for the simultaneous regrative treatment to the side of the side of the Korean Trhye in the past. These grades classification changes depending on textbooks or writers, but in any classification point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point.

- Although there is a possibility that the instability caused by an unstable patient's suffering from an unstable patient is more likely to increase, there is a lack of objective grounds to assess this as an unstable patient with more than 10mm. Therefore, if the accurate criteria for adding up the criteria for disability ratings are not specified, it is more reasonable to assess disability instead of adding up human damage to each other, unless the accurate criteria for adding up the criteria for disability ratings are specified.

㈏ 2013. 12. 4.자 자문서

- In general, if the internal side damage is accompanied by damage to the internal side damage, it would result in a good result in the implementation of an internal side damage to the NAE and the implementation of a preservative treatment for the internal side damage instead of an external treatment. This advice would not provide for disability assessment in the case where the internal side damage is accompanied by damage to the NAE and the internal side damage, and thus, it was presented based on the general treatment policy. The general treatment rule that does not provide an internal side damage to the NAE is performed only for the NAE and the internal side damage, and the general treatment rule that does not provide an internal side damage to the NAE is responding to the fact that the internal side part would properly respond to the preservation treatment. Since the treatment policy is related to the general treatment outcome, it would be judged that the criteria for disability assessment would be able to apply the results of the treatment and evaluation if it is unclear.

According to the disability determination criteria issued by the Korean Association of Foreign Science and Technology, if “the damage to the spane and the damage to the spane in the same section may be combined and aggregated with 50% of the side spane”, this is also considered to be applicable to the spanegrity assessment (the disability rate in the standard table refers to the disability rate for telegraph rather than the disability rate for slots only). In this case, it is reasonable to regard it as a disability rate of 8.5mm in total, including 7mm in the front spane and 1.5mm in the inner instability (=3mm x 50/100). The result of such summing-up shows that it can only be applied as the standard for disability determination, and it is difficult to clearly reflect the patient’s actual instability.

- It seems that there is no standard to set the criteria for evaluation of wounds in cases where the pre-disaster instability and internal instability are accompanied, and the opinion of this advisory opinion is reasonable to regard it as 8.5mm in total 8.5mm in case of pre-explosion and pre-explosion 7mm in accordance with disability assessment criteria (=3mm in case of internal instability x 50/100).

⑹ 제1심 법원의 계명대학교 동산병원장에 대한 신체감정촉탁결과

- Level of unstableness: 7mm in the precarcy and 3mm in the precarcy in comparison with the opposite side;

-Disability rating: The rating shall be changed depending on whether the degree of injury is to be included in the pre-disaster and internal unstableness. If aggregated, it shall fall under class 7 807. The criteria for disability ratings shall not be specified for addition.

[Ground of recognition] Gap's evidence Nos. 3, 4, Eul's evidence Nos. 1, 8, 9, and 10, the result of the physical entrustment to the chief of the Gyeyang University Hospital at the court of first instance, the results of fact inquiry to the chief of the Yong-Nam University Hospital at the court of first instance, and the purport of the whole arguments

C. Determination

(1) Article 6-4(2) of the former Act on Persons of Distinguished Services to the State provides that “The matters necessary for the classification and determination of the degree of injury, etc. shall be prescribed by Presidential Decree.” Article 14 of the Enforcement Decree of the said Act provides that matters concerning the method of determining physical disability, method of measuring physical disability, and method of measuring physical disability of at least Grade 6 shall be determined by Ordinance of the Prime Minister (Article 2(2)); and that the criteria for determining the degree of injury shall be as shown in [Attachment 3]. The classification of disability ratings (Article 14(3) related to [Attachment 3] is classified as Grade 7,807 among three sections of one bridge.”

Pursuant to Article 8(2) of the former Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Ordinance of the Prime Minister No. 984, Jun. 29, 2012; hereinafter “former Enforcement Rule of the Act on Persons, etc.”) Article 8 of the former Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, the determination of physical disability shall be made by classifying the parts of the body disability into an autopsyry, and shall be made by distinguishing the parts from the parts of the body disability (paragraph (1) and the parts of the body disability under paragraph (1) are as specified in attached Table 2 (Article 2). The division of the parts of the body disability (Article 8(2)) and the different parts (Article 8(2)) are divided into 1.1. The parts of the "2............. are divided into the parts of the bridge, and the parts are divided into functional parts, form, etc.

Article 8-3 of the former Enforcement Rule of the Act on Persons of Distinguished Services to the State stipulates that the determination of a disability rating for physical injury shall be based on the criteria under attached Table 4 pursuant to Article 14(2) of the former Enforcement Decree of the Act on Persons of Distinguished Services to the State. The [Attachment Table 4] Determination of a disability rating for physical injury by physical injury (related to Article 8-3) is classified as disability rating and classification number 7-807 among the physical injury degree in attached Table 3 of the Decree. The degree of disability is classified as “persons who have a physical disability in the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face

Article 14(2) of the former Enforcement Decree of the Act on Persons of Distinguished Service to the State, Article 14(2) of the Enforcement Decree of the Act on the Persons of Distinguished Service to the State, and attached Table 4 of the Enforcement Rule thereof, stipulate that “A person whose degree of physical disability is not less than 10mm in the degree of physical disability as one of the disability contents” shall be “a person whose degree of physical disability is not less than 10mm in the face of public injury despite appropriate treatment,” and does not stipulate whether the degree of physical disability should be added up to the degree of instability caused by damage to each human body in calculating 10mm.

However, the above relevant provisions on the determination of physical disability are as follows. ① Determination of physical disability in Article 8 and [Attachment 4] related to the former Enforcement Rule of the Act on Persons of Distinguished Services to the State of the following circumstances: (i) Determination of physical disability in Article 8 and [Attachment 8-3] of the former Enforcement Rule of the Act on Persons of Distinguished Services to the State of the Republic of Korea has to be made by distinguishing the physical disability from each other in terms of physiologically differentiated parts; (ii) Determination of disability ratings of the University of Distinguished Services to the State of the same Act is divided into two different parts; and (iii) Determination of whether there is an unstable medical problem in terms of physical disability from each other; and (iv) Determination of whether there is an unstable point of view that there is an unstable point of view that there is no injury to the previous part of the University of Distinguished Services to the State of the Act on Persons of Distinguished Services to the State of the Republic of Korea, by comprehensively taking into account the characteristics, form, system, and function of the University.

Article 14(3) and [Attachment 3] of the former Enforcement Decree of the Act on Persons of Distinguished Services to the State, whose physical degree is “a disability of bridge and fall short of 8.0 degrees of disability” in Article 14(3) and [Attachment 3] of the former Enforcement Decree of the Act on Persons of Distinguished Services to the State, as a person whose degree of disability is “a disability of bridge and falling short of 8.8.0 degrees of disability” in Article 14(3) and [Attachment 3] of the former Enforcement Decree of the Act on Persons of Distinguished Services to the State, since the Plaintiff’s unstable caused by damage to the luxr, is at least 7mm, and the instability caused by damage to the side luxrosis within the luxrosis, is at least 3mm.

Therefore, the disposition of this case made by the defendant on a different premise is unlawful, and the plaintiff's assertion of this case is justified.

3. Conclusion

Therefore, the plaintiff's claim of this case shall be accepted as it is reasonable, and the judgment of the court of first instance shall be just and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

[Attachment Omission of Related Acts]

Judges Lee Jae-dae (Presiding Judge)