2013Guhap1435 Disposition of revocation of a revocation of disability rating for persons of distinguished services to the State

A

Head of Cheongju Veterans Branch Office

March 27, 2014

April 17, 2014

1. The decision that the Defendant rendered distinguished services to the State on April 29, 2013 rendered to the Plaintiff on April 2013 was revoked.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 August 3, 1984, the Plaintiff entered the Army on Sep. 3, 1986, and was diagnosed with a sacrife siffic siffic siffic siffic siffic siffic siffic siffic siffic siffic siffic siffic siffic siffic siffic siffic siffic siffic siffic siffic siffic siffic siffic siffic siffic siffic siffic siffic siffic siffic siffic siffics.

B. On August 18, 2009, the Plaintiff filed an application for the determination of the grade of a person who has rendered distinguished service to the Defendant. On November 28, 2009, the Board of Patriots and Veterans recognized that the Plaintiff suffered from the wounds of the alley and a large degree of lusium (hereinafter “the instant wounds”) due to the foregoing accidents during the performance of official duties, and deliberated and decided on the Plaintiff as a person eligible for distinguished service to the State. On December 24, 2009, the head of the Daejeon Regional Veterans Administration conducted a new physical examination of the Plaintiff’s wounds of this case on December 24, 2009, and determined that the Defendant applied Article 14(3) [Attachment 3] of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State (amended by Presidential Decree No. 21867, Jan. 15, 2010) and [Attachment 4] of the Enforcement Rule of the same Act (amended by Ordinance No. 926, Jun. 10, 20197).

C. On December 4, 2012, the Plaintiff filed an application for a re-determination on December 28, 2012, and received a re-determination at the Daejeon Veterans Hospital. On February 20, 2013, the Board of Patriots and Veterans Entitlement deliberated and decided that the Plaintiff’s instant wounds fall short of the criteria for disability ratings. Accordingly, on February 26, 2013, the Defendant requested the Board of Patriots and Veterans Entitlement to ex officio review on the classification of persons who rendered distinguished services to the State. However, on April 10, 2013, the Board of Patriots and Veterans deliberated and decided that the instant wounds fall short of the criteria for disability ratings. On April 29, 2013, the Defendant notified the Plaintiff of the decision on non-eligible persons who rendered distinguished services to the State (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence Nos. 1 through 4, and 6 (including the number with each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The Plaintiff suffered from the instant wounds, such as chronic cirrosis, respiratory difficulty, chronic dynassis, chronic dynassis, etc., and kynasium sult styphy, and thus, the Plaintiff fell under “a person who has a hynassis disorder with hynasium 7th grade 2304 of the Enforcement Decree of the Act on Persons, etc. of Distinguished Service to the State” or “a person who has a hynassis in hynasium 7th grade 3108”. Accordingly, the instant disposition on the ground that the instant wound falls short of the disability rating criteria, should be revoked as it is unlawful and should be revoked.

B. Relevant legislation

It is as shown in the attached Form.

(c) Fact of recognition;

1) On April 2012, 2012, 2012, and 12.4, doctors B belonging to the Chungcheongnambuk University Hospital were sent to the Plaintiff on the ground of the pulmonary color and two copies that occurred after the 1986 water surface, and the view that there was a brut brut of the weight of the brut together with the brut of the brut, and that this is determined to be due to the brut of the brut brut of the brut body.

2) On the other hand, on December 28, 2012, the Lee Jae-in medical specialist belonging to the Daejeon Veterans Hospital expressed that the instant wounds fall short of the criteria for rating and level in CT, and the Board of Patriots and Veterans Entitlement determined that the instant wounds fall under the category of GT chronical chronological chronological chronological chronological chronological chronological chronological chronological chronological chronological chronological chronological chronological chronic chronological chronological chronological chronological chronic chronological chronological chronic chronological ch

3) The appraisal doctor C at the Daejeon Escopic Hospital, which conducted the physical appraisal of the Plaintiff at the request of this Court, corresponds to the degree of the difference of the Plaintiff’s present at the time of the instant case, which is the brut and scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopics.

[Ground of recognition] In the absence of dispute, Gap evidence 4-1, Eul evidence 1 and 4 (including the number of pages), the result of the court's commission of physical examination to the director of the Daejeon Glon University, the purport of the whole pleadings

D. Determination

In full view of the following circumstances that can see the overall purport of the pleading in the facts of recognition, the purport and purport of the relevant statutes and the above facts, i.e., noses at the center of face and can easily be seen if noses are in struted or changed into the shape, the difference in this case is combined with a large weight of strut and distribution, and the Plaintiff’s crut and part of crut are easily confirmed into the right side, and it is likely that the difference in this case may be easily confirmed into the face. However, even if crut treatment was performed for a long time since the date of the award, even if crut treatment was performed for the past, it cannot be ruled out that the trend caused by the alteration of crut cannot be completely recovered, the disposition of the Plaintiff’s injury rating is unlawful on the ground that it is against the Enforcement Decree of the Act on Persons of Distinguished Services to the State in accordance with the above attached Table 3] 7th 3108.

3. Conclusion

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

The presiding judge, judge and assistant judge

Judges Park Jae-won

Judges Park Jong-won

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.