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(영문) 대구지방법원 2017.12.15 2017구단11003
상이등급결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On September 14, 1950, the deceased B (hereinafter “the deceased”) entered the Army and was discharged from active service on September 27, 1953, and was recognized as meeting the requirements for compensation in action with respect to “the so-called “the so-called “the so-called the so-called post-off and the so-called left-off and left-off,” and was judged to fall short of the rating criteria after physical examination on November 20, 1986.

B. On December 20, 1986, the Deceased died, and on January 9, 2015, the Plaintiff, who was the wife, filed an application for registration of bereaved family members of persons who have rendered distinguished services to the State, on the ground that the Plaintiff was different from the deceased’s “the Government’s official trade and the Government’s next rank.”

C. On December 30, 2015, the Defendant’s Board of Patriots and Veterans Entitlement deliberated and decided as satisfying the requirements for the Defendant’s death and injury in action with respect to “the Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madon

After that, on January 20, 2016, the Defendant determined the deceased’s disability rating as Class-7, and notified the Plaintiff of the decision on the registration of bereaved family members who have rendered distinguished services to the State (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, 10, Eul evidence Nos. 1, 2, and 7, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. On July 17, 1953, the Plaintiff asserted that the deceased sustained an injury from the high spawn and the high spawn damage in addition to the front spawn and the front spawn of the front spawn in the gold War in Gangwon-do.

As a result, it is highly probable that the deceased had suffered serious pain for a considerable period of time due to the outbreak of an cryptive plant, and there is a high possibility that cryptive plant function was hindered due to cryptive plant, or there was a high possibility that cryptive plant was damaged due to cryptive plant. The deceased constitutes either class 6(2)(5108) or class 6(1)(5203)(6)(5203)(a person who has a high degree of disorder in cryptive plant function.

B. Determination 1) Enforcement Decree of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (Presidential Decree No. 28438, Nov. 14, 2017).

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