A soldier or policeman wounded on duty who failed to meet the standards of classification of soldiers or policemen on duty, 2017

A

Attorney Park Han-sub, Counsel for the plaintiff-appellant

Attorney Kim Jong-won

Head of Daegu Regional Veterans Administration

January 26, 2018

February 21, 2018

1. The change of the applicable classification that the Defendant rendered to the Plaintiff on March 14, 2017 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Details of the disposition;

A. On June 15, 1972, the Plaintiff was appointed as a police official and was retired from office on May 31, 1999. On June 20, 2005, the Plaintiff was registered as a soldier or policeman on duty on duty after recognizing the eligibility of a person who rendered distinguished service to the State on the susgale on the susna on the susna on the susna on the shore,

B. After that, on February 3, 2015, the Plaintiff received a comprehensive judgment of Grade VII soldier or policeman on the ground that the Plaintiff’s ‘satise satise satise satise satise satise sate sate sate sate sate sate sate sate sate sate sate sate sate sate sate sate sate

C. On May 25, 2016, the Plaintiff applied for a re-examination on the ground of the aggravation of the diplomatic mission, which is a friendly slovascule, on the ground that the Plaintiff had been subject to the slovascule in the slovascule in the slovascule in the slovascule.

D. After a physical examination, on March 14, 2017, the Defendant issued a disposition to change the classification of soldiers, police officers, and police officers into Class 7 of soldiers, police officers, and police officers and police officers into Grade 6 to Grade 6 Paragraph 2 of Article 6, on the ground that the 'influencies inside the boundary of the unit' recognized as a soldier or police officer' falls short of the criteria for disability rating, and that the 'influencies of the 'influencies of the 'influencies of the 'influence of the 'influencies

E. The Plaintiff filed the instant lawsuit seeking revocation of the instant disposition, dissatisfied with the disability rating of the 'influence of the 'influence of the coordinate' (hereinafter referred to as the "influence of the instant case").

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion

1) Violation of procedures

The defendant issued a disposition in this case to change the status of the plaintiff as a person eligible for veteran's compensation, which is a disposition restricting the rights and interests of the plaintiff, and must undergo the procedure under Article 21 of the Administrative Procedures

In this case, the plaintiff applied for a re-examination only with respect to the "satise satise satise satise satise satise satise satise satise satise sate sate sate

Therefore, there is an error in the disposition of this case without going through the procedure under Article 21 of the Administrative Procedures Act.

2) misunderstanding of facts

The plaintiff is now obstructing the left-hand knee to get out of the stairs due to the wound of this case, and the disposition of this case is erroneous in failing to properly determine the disability rating of the wound of this case.

B. Relevant regulations and legal principles

1) Article 6-6(1)1 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter referred to as the “Act on the Honorable Treatment and Support of Persons, etc.”) provides that the degree of disability of a soldier or policeman wounded on duty shall be determined by comprehensively considering the degree of disability under Article 6-4 and the degree of disability under Article 6 of the Act on Support for Persons Eligible for Veteran’s Compensation. Article 6-4 of the same Act provides that a person subject to a physical examination shall be classified into Grades I, II, III, IV and VII according to the degree of disability (Article 1), and matters necessary for the classification and determination of a disability rating shall be prescribed by

2) Article 14 of the Enforcement Decree of the Act on Persons of Distinguished Service to the State provides that the classification of disability ratings depending on the degree of physical disability shall be as specified in attached Table 3 (Article 3). Paragraph (2) of the Enforcement Decree of the Act on Persons of Distinguished Service to the State provides that matters concerning the method of determining physical disability and the method of measuring physical disability disorder in physical exercise (Article 2) shall be prescribed by Ordinance of the Prime Minister (Article 3). In addition, the Enforcement Decree of the Act on Persons of Distinguished Service to the State provides that "a person who has a disability in Do's Do' among the three sections of the three sections of the three sections of the bridge

3) Meanwhile, Article 8-3 [Attachment 4] of the Enforcement Rule of the Act on Persons of Distinguished Service to the State, which was delegated by the Enforcement Decree of the Act on Persons of Distinguished Service to the State with respect to the method of determination of physical disability, provides that "persons whose physical disability area is limited by 1/4 or more", "persons whose physical disability area is restricted by 10 millimeters or more", "persons whose physical disability is at least 10 millimeters due to damage to the public," and "persons whose physical disability after external wound due to damage to the public, such as X-ray shooting, clearly appears in the examination, despite appropriate treatment."

4) However, despite appropriate treatment, the meaning of "a person whose ethical change after credit due to damage to etho-ray occurs clearly in the inspection of X-ray shooting, etc." is reasonable to interpret that "a person whose ethical change after credit due to etho-ray damage shows ethic behavior in the inspection of X-ray shooting, etc., and whose ethic behavior is clearly occurring in the inspection of X-ray shooting, etc., and who has a ethic disorder due to the ethic disorder (see Supreme Court Decision 2016Du33186, Jun. 10, 201

1) Facts of recognition

According to the records of Gap evidence 2, 3, 6, Eul evidence 3, and 4, and the results of each physical examination commissioned to the director of the B Hospital in this Court, the following facts can be acknowledged:

A) On July 13, 2016, when applying for a re-examination on a trial basis, the Plaintiff entered the instant difference in the column for ‘majorly different points'. On the same day, the Plaintiff issued a written confirmation stating that “if there are at least two disability ratings, all recognized wound points may undergo a comprehensive physical examination and make a comprehensive determination, and if there are two or more disability ratings, the grade may decline, and if there may be reduced, all the veterans benefits of the person of distinguished service to the State already received shall be extinguished,” and signed on the written confirmation.

B) On December 8, 2016, upon the Plaintiff’s application for the above re-examination, the physical examination conducted on December 8, 2016 revealed that the left-hand chain movement scope was below the grade standard due to the circumstances.

C) The content of the diagnosis related to the instant difference is as follows.

○ Medical certificate dated November 17, 2004, issued to the regular branch of the Gyeongbuk National University Hospital.

-Clinical presumed sick person: Surveyer within the left sleak section of the left sleak, and surveyer of the first sleak;

- Future medical opinions: there are obstacles to the current slocks between the inner side of the slocks and the current slocks between the anti-slocks and the anti-slocks of the slocks.

○ A medical certificate of disability on November 24, 2004 with the regular division of the Gyeongbuk-do University Hospital.

The name of injury or disease caused by disability: the left-hand sleaker, the side sleaker within the left-hand sleak, and the sleaker.

The content and condition of disability: The scope of the movement on the left-hand knee shall be almost normal, unstable persle, poor persle, poor persle, poor persle.

○ A general medical certificate of September 4, 2012, issued on September 4, 2012 in the regular departments of the Gyeongbuk University Hospital.

- Clinical presumed diseases: Sponsoritis Manenene chronic instability, internal side knenene, Mosist kneneuma

- Opinions on future treatment: It seems to be a view that the stopitis of the stopitis is in progress when comparing the s tophere photo of the simple radiation on November 10, 2004 with the photo of September 4, 2012, at the present left s tophere stopitis.

○ A general medical certificate dated 4, 2017, issued on April 4, 2017, to the Pyeongbuk University Hospital;

Clinical Estimated Disease Name: Skne Manene chronic instability, internal side knenee knene kne knives

In the future, the opinion on medical treatment shows the safety of the internal side of the current left-hand slotdo and the safety of the middle light of the current left-hand slotdo, and when comparing the pictures of the simple radiation taken September 4, 2012 with the pictures of April 4, 2017, it is the opinion that the safety of the left-hand slot level has increased from the erode to the middle light, and the progress of the erode infection has been made.

D) The medical view of this Court’s physical examination of the instant difference (B Hospital Masan Department) is as follows.

○ The left-hand slot is inserted with a strawer used for the purpose of treating the inner side damage, and there is a stopitis of Gyeongdo, and there is about 30 degrees (20%) compared to normal people. The stophers of the left-hand stophers include approximately 30 degrees (20%).

○ The safety of the left-hand slots requires comparison with the right-hand slots, but it is difficult to judge exactly because the right-hand slots are in the state of a diplomatic mission, and there is a completion of the Gyeongdo.

○ There is a compromise at the intervals of the joint section due to the smokes of the section above the left-hand slots section.

○ Under section 8122 of section 7 of section 8 of section 7 of section 8 of section 7 of section 8 of section 7 of section 8 of section 7 of section 7 of section 8 of section 7 of section 8 of section 8 of section 8 of

2) Determination

A) As to the assertion of procedural violation

As seen earlier, Article 6-6(1)1 of the Act on Persons of Distinguished Service to the State stipulates that the degree of disability of a soldier or policeman wounded on duty shall be determined by comprehensively taking into account the disability rating under Article 6-4 of the Act on Persons of Distinguished Service to the State and the disability rating under

In addition, when the plaintiff applies for a re-examination of the court, the fact that the defendant obtained a written confirmation from the defendant that he/she determined the disability rating by conducting a re-examination of the court and signed it is recognized as above.

According to the above regulations and the above facts of recognition, the plaintiff's assertion that the defendant did not undergo the procedures prescribed in the Administrative Procedures Act, such as conducting a physical examination of the wounds of this case without any notification and giving the plaintiff an opportunity to submit a medical certificate, cannot be accepted.

B) As to the assertion of mistake

(1) As seen earlier, Article 8-3 [Attachment 4] of the Enforcement Rule of the Act on Persons of Distinguished Service to the State stipulates that "a person whose physical area of tolerance is limited by not less than 1/4", "a person whose physical area of tolerance is restricted by not less than 10 millimeters", "a person whose physical safety due to climatic damage is not less than 10 millimeters", and a person whose climatic change due to climatic damage, such as X-ray shooting, constitutes "a person whose climatic disorder is clearly caused by climatic damage" among three major sections of a bridge.

(2) According to the above facts, this court's opinion that the physical appraisal of this court is limited to about 20% of the plaintiff's left-hand slots compared to normal persons, and there is no opinion that there is a restriction on the plaintiff's left-hand slots movement scope. Thus, it is difficult to view that the plaintiff's physical appraisal of this court falls under "a person whose physical exercise area is limited to more than 1/4 of the plaintiff's physical exercise area".

(3) Meanwhile, as seen earlier, each diagnosis letter of Sep. 4, 2012 and Apr. 4, 2017 at the Gyeongbuk University Hospital falls under the category of "person who clearly shows the satisfism in the examination of X-ray, etc.," and there is no material to view that the comparison of the radioactive pictures of Nov. 10, 2004 and the radioactive pictures of Sept. 4, 2012 shows that the radioactive pictures of Sept. 4, 2012 and the radioactive pictures of Apr. 4, 2017 were conducted with the radioactive pictures of Apr. 4, 2017.

(4) However, in full view of the following circumstances revealed by the legal principles as seen earlier and the facts acknowledged, it is reasonable to view that the Plaintiff’s difference in the instant case constitutes “a person whose safety is not less than 10 millimeters due to climatic damage despite appropriate treatment.”

① The court’s physical appraisal is necessary to compare the safety of the left slots with the right slots, and it is difficult to accurately judge the right slots because they are in the state of the mission in which they are in the form of a diplomatic mission, and there is a completion of the longitude. However, it is difficult to readily conclude that the difference in this case falls under 10 millimeters or more due to the damage to the public, notwithstanding appropriate treatment.

② However, the Plaintiff was determined by the Defendant on February 3, 2015 that the instant injury constituted class 7 and class 81222. Accordingly, the Plaintiff cannot be determined disadvantageously on the grounds that the instant injury was not subject to comparison with the safety of the left-hand spons by implementing the “Ssponsponization of the mission,” which was later implemented on May 25, 2016. Furthermore, it is reasonable to determine the class of the instant injury by comprehensively taking account of all the circumstances.

③ On November 17, 2004, the medical examination of the Gyeongbuk University Hospital was conducted by the first instance on the instant wound and registered as a soldier or policeman on duty after being assessed at Grade 7 of the disability rating for the first time on June 20, 2005.

④ In addition, on September 4, 2012, the medical examination conducted by Gyeongbuk University Hospital was indicated as follows: (a) there was a safety of Do-do-do-do-satison satison satison satison saton saton saton saton saton saton saton saton saton saton saton saton saton saton saton saton saton saton saton saton saton saton saton

⑤ As above, the Enforcement Rule of the Act on Persons of Distinguished Service to the State, which was in force on February 3, 2015 and was in force on February 3, 2015, provides that “A person whose disability rating was determined by grade 7 and grade 8122, in the same manner as the Enforcement Rule of the Act on Persons of Distinguished Service to the State at the time of the instant disposition, is “a person whose disability rating was determined by grade 7 and grade 8122 is above

(6) However, the diagnosis issued by the Department outside of the Jeongbuk University Hospital on April 4, 2017, which was after the instant disposition, states that the degree of the instant disorder at issue at the time of the instant disposition is significantly higher than that of the relocation, in comparison with the radiation photograph of September 4, 2012 and the radiation photograph of April 4, 2017.

7) On the other hand, the Defendant’s physical examination, conducted on December 8, 2016, revealed that the scope of the Plaintiff’s physical examination on the left-hand chain was below the grading standard on the instant wounds on the ground that the Plaintiff’s physical examination was normal, and did not conduct any further examination and decision as to whether the safety due to the public-speak damage is not less than 10 millimeters.

viii) If there are some circumstances, the instant difference is no longer deemed to be a person whose disability rating was determined on February 3, 2015 as 'a person whose disability rating was determined as 10 millimeters or more due to damage to an anti-defensor,’ and the situation did not change.

(5) Therefore, the instant difference falls under class 7, class 8122, which is the "person who has a function disorder in Gyeongdo" among the three sections of the three sections of the bridge, and thus, the instant disposition on the ground that it falls short of the grade criteria is unlawful, and the plaintiff's assertion pointing this out is with merit.

3. Conclusion

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.

Judges Lao Young-gu