(영문) 울산지방법원 2016.3.24. 선고 2015구합1278 판결

A. On April 22, 1992, the Plaintiff entered the Marine Corps, and received a diagnosis of the escape certificate from the Nag-rigin in the National Armed Forces Port Hospital on the Hag-gu’s Domination of a wood club in the New Military Training Center, and received a diagnosis of the escape certificate on March 23, 1993 at the above hospital. The Plaintiff was discharged from military service on July 6, 1993.

B. On July 9, 2013, the Plaintiff applied for registration of a person of distinguished service to the head of the Busan Regional Veterans Office. Accordingly, on October 22, 2013, the head of the Busan Regional Veterans Administration decided that the Plaintiff suffered an escape certificate of memorial signboard escape No. 4-5 in performing official duties under the Act on Support for Persons Eligible for Veteran’s Compensation (the status after the invertebrate No. 4, the inverteballism and the inverte nuclear removal; hereinafter “the instant difference”).

C. After that, the Plaintiff received a physical disability rating, but the head of Busan Regional Veterans Administration rendered a judgment below the disability rating standard on the ground that the Plaintiff fell short of the disability rating standards (class 1 to 7).

D. On March 13, 2015, the Plaintiff filed an application for a physical examination for re-verification with the Defendant, and on July 27, 2015, the Defendant rendered a judgment below the criteria for disability rating to the Plaintiff according to a resolution of the Board of Patriots and Veterans Entitlement based on the result of the physical examination for re-verification of the Busan Veterans Hospital (hereinafter “instant disposition”).

[Reasons for Recognition] The facts without dispute, Gap evidence 1, Eul evidence 2 (each number is included), Eul evidence 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

Although the difference between the Plaintiff and the person who rendered distinguished services to the State falls under the disability rating 1 to 7 under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter referred to as the "Act"), the Defendant's disposition of this case judged to fall short of the disability rating shall be revoked in

B. Relevant statutes

Attached Form 3 is as listed in the "relevant Acts and subordinate statutes".

C. Determination

1) Article 14(2) of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State provides that matters concerning the method of determining physical disability, method of measuring physical disability, etc. shall be determined by Ordinance of the Prime Minister. Article 14(3) [Attachment 3] of the same Act provides that disability ratings shall be classified according to the degree of physical disability. Of that, 6. Shall be persons who have minor functional disability or modified disability in spine (Classification 6,109). Meanwhile, Article 8-3 [Attachment 4] of the Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State provides for the criteria for determining disability ratings for physical disability. According to this provision, 7th degree (Classification 6109) of the body is clearly defined as persons who are accompanied by x-ray photographs, etc., or who are obviously disabled by x-ray photographs or x-ray photographs, etc., with 10 percent or more of x-ray signs, etc.

2) In light of the above relevant laws and regulations, the following circumstances acknowledged by comprehensively taking account of the overall purport of the arguments as a result of the physical examination entrusted to the head of the hospital B of this Court, namely, ① written determination of discharge from the military air transport hospital of the Republic of Korea on June 28, 1993, stating that “the military air transport hospital of the Republic of Korea was performing the operation of the instant wounds and was able to defend.” ② Busan veterans hospital doctor’s opinion on November 19, 2013, “contincing the operation after the operation” was classified as Grade 7 6109 of the disability rating (the person who has a minor functional disorder or modified disorder in spine) of the Plaintiff’s physical examination. However, Busan Veterans Hospital’s opinion on Apr. 14, 2015, it is difficult to view that there was no apparent difference between the Plaintiff’s medical doctor and his/her superior opinion in the physical examination of the Plaintiff, or that there was no apparent difference between the Plaintiff’s medical doctor and his/her superior opinion on his/her disability rating.”

Therefore, the defendant's disposition of this case is legitimate, where the difference of this case by the plaintiff falls short of the disability rating standard under the Act on Persons of Distinguished

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.