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(영문) 수원지방법원 2016.08.31 2014구단513
신체검사무변동처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On November 1, 1952, when the Plaintiff’s husband was in wared from November 1, 1952 to July 1953, 1953, the deceased B (hereinafter “the deceased”) suffered from the injury of “Scar-Scar on the left-hand scarcitys - the left-hand scar in battles in battles during battles in battles within the defense forces” (hereinafter “the injury in this case”), and was notified of the judgment on December 30, 2004 on the disability grade 7 and 401 of the disability grade 7.

B. After July 7, 2005, the Deceased was recognized as an additional wife, but it was determined as a result of the physical examination to fall short of the rating standards.

C. On November 30, 2012, the Deceased filed an application for a re-determination on May 29, 2013, and conducted a physical examination on May 21, 2013. The Defendant, on October 21, 2013, determined that the instant wounds were “ Grade VII 511 (the same as the previous Grade VII 401),” and “the cross-defluences on the left side” did not meet the rating standards, and notified the Deceased of the result of the re-determination physical examination (change without any change).

(hereinafter “instant No. 1 Disposition.” On November 20, 2013, the Deceased filed an administrative litigation with this Court No. 2013Gudan4938, Nov. 20, 2013. On December 22, 2013, the Deceased died from pulmonary cancer, and this Court rendered a declaration of termination of the lawsuit on April 30, 2014.

On the other hand, the deceased is the defendant on November 15, 2013.

A request for a separate physical examination from paragraph (1) was filed, and thereafter the deceased died, and the defendant conducted a written physical examination on December 26, 2013. On February 5, 2014, the defendant notified the plaintiff, who is the bereaved family member of the deceased of the result of the physical examination at the Board of Patriots and Veterans Entitlement, of the result of the physical examination for the trial on the ground that the plaintiff, as the bereaved family

(hereinafter referred to as “instant Disposition 2”). 【No dispute exists on the ground of recognition, Gap 1, 2 (including each number), Eul 1 through 5, and Eul 7’s purport and purport of the entire pleadings.

2. Determination on the defense prior to the merits

A. The plaintiff alleged by the defendant is served with the first disposition of this case.

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