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(영문) 창원지방법원 2015.11.24 2014구합22555
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 May 12, 1952, the Plaintiff entered the Army and registered as a person of distinguished service to the State on October 1, 1961 after suffering from an injury during the Masan War in the Geumcheon District (hereinafter “the instant battle”). On June 4, 1988, the physical examination conducted reclassification (hereinafter “the previous physical examination of this case”) on May 12, 1952, the Plaintiff was judged as Grade 3, 503 as a result of a comprehensive assessment conducted on the emeral name, the structural frame at the bottom of the emeral frame and the mental division.

B. On January 22, 2014, the Plaintiff filed an application for recognition and re-examination of additional prizes with the injury sustained in the left part of the instant battle, and the Defendant deemed the “influence inherent in metal materials within the annual organization of the left part of the left part of the Republic of Korea,” as an additional prize meeting the requirements for soldier or policeman wounded in action, and notified the Plaintiff on April 29, 2014, as to the existing recognized interest and additional recognized interest, as scheduled to conduct a physical examination for the classification of injury at the Busan Veterans Hospital on May 2014.

C. On May 13, 2014, the head of the Busan Regional Veterans Administration instructed the Plaintiff to conduct a physical examination at the physical examination site of the Busan Regional Veterans Hospital on May 21, 2014 or on May 22, 2014. However, the Plaintiff waived the physical examination to the Defendant on May 14, 2014, and the Defendant dismissed the Plaintiff’s application for a re-examination on May 19, 2014.

On July 14, 2014, the Plaintiff applied for a re-examination on a trial basis. On August 20, 2014, the result of a re-examination conducted at the Busan Veterans Hospital (hereinafter “instant re-examination”) on a trial basis on August 20, 2014, the Plaintiff was determined as follows: (a) the frame at the bottom of the structural frame falls short of the grading standards; (b) the real name of the e-mail was class 3 1105 (the real name of one eye and the corrected eyesight of other eyes are 0.1) and (c) the “influent of metal materials in the annual organization of the e-mail left-off” was determined as Grade 6(2) and 4114 (the person partially restricted for employment due to a functional disorder of the neuro system).

E. As to the “mental division” asserted by the Plaintiff at the time of the instant trial examination.

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