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(영문) 서울행정법원 2014.12.11 2013구단23129
국가유공자요건비해당처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. After entering the Army on September 3, 1950, the Plaintiff was discharged from active service on January 5, 1952. On July 14, 1989, the Plaintiff was recognized as a soldier or policeman wounded in action on the ground of the functional disorder on the left leg during the Korean War on July 14, 1989 (hereinafter “instant disability”). As a result, the Plaintiff was judged to fall short of the standard for rating the physical examination result.

B. On April 1, 2013, the Plaintiff filed an application for re-verification of the instant wounds. However, on November 1, 2013, the Plaintiff received notification from the Defendant on the ground that the result of the physical examination conducted by the Central Veterans Hospital on November 1, 2013 falls short of the rating standards for the left side of 2, 3, and 4 termination of the fall, thereby falling short of the requirements for persons of distinguished service to the State.

【Ground of recognition】An absence of dispute, Gap’s 1, 2, Eul’s 1 through 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the master's opinion that the Plaintiff's assertion of this case constitutes class 7 of the disability rating, the Defendant's disposition that judged below the grade standard should be revoked as unlawful.

B. (1) Determination is based on the content of grade 7 of the disability rating under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State. It refers to a person whose physical area is limited to not less than 1/2 of the physical area of the mid-to-mid-to-door and the mid-to-door and the mid-to-door and the mid-to-door and the mid-to-faced and the half-to-faced and the first half of the first half of the first half of the second half of the second half of the first half of the second half of the second half of the second half of the second half of the second half of the second half of the year, and the third, fourth, and the second half of the first half of the first half of the second half of the year.

(2) However, if the above evidence added the results of the physical examination of Gap evidence Nos. 3 and the results of the physical examination of the director of the Synas Hospital Synas Hospital at this court, the plaintiff's main physician paid an opinion corresponding to Class 7 of the disability rating for the instant wounds. On the other hand, the appraisal did not go beyond an external part on the plaintiff's left-hand side and did not go beyond 2, 3, 4.

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