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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 July 13, 1950, the Plaintiff’s husband’s deceased B (hereinafter “the deceased”) entered the Korean War, and participated in the war on May 24, 1953, but was discharged from military service on December 29, 1954, after receiving treatment at a military hospital due to an injury such as a crypt, etc. in the gold War.
B. On June 15, 1990, the Deceased died as a sculposis, and on January 13, 201, the Plaintiff filed an application for registration with the Defendant for registration on the ground that on January 13, 2011, the Deceased died after having been killed as a sculatory on the chest and on the bridge inside the battle combat zone.
C. On May 2, 2011, the Defendant notified the Plaintiff that the deceased constitutes a soldier or policeman wounded in action under Article 4(1)4 of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 11041, Sept. 5, 201). On May 25, 2011, the Defendant notified the Plaintiff of the determination that the deceased’s disability rating falls under class VII as a result of the written physical examination conducted by the Busan Veterans Hospital on May 25, 2011.
On May 29, 2013, the Plaintiff received a disposition to deny the registration of persons who rendered distinguished services to the State on the ground that “the instant injury is difficult to recognize proximate causal relation between the instant injury and the deceased’s performance of official duties” from the Defendant on November 14, 2013.”
Accordingly, the Plaintiff filed a lawsuit seeking the revocation of the disposition by Changwon District Court 2013Guhap21289, but was sentenced to the dismissal judgment on October 2, 2014, and appealed by Busan High Court 2014Nu11512, but was dismissed on May 20, 2015, and the said judgment became final and conclusive around that time.
E. On July 17, 2015, the Plaintiff filed an application with the Defendant for a re-examination of the deceased’s physical examination (hereinafter “instant application”) on the grounds of the instant wounds, etc., but the Defendant on July 21, 2015.