1. The plaintiff's claim is dismissed.

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

1. Details of disposition;

A. On October 4, 1975, the Plaintiff entered the Army was diagnosed on February 10, 1978, when he was serving in the military, and received hospitalized treatment at a military hospital at the time of receiving the diagnosis of “Grachine pulmonary Tuberculosis Team”. On May 26, 1978, the Plaintiff discharged the Army from military service.

B. On August 28, 2014, the Plaintiff filed an application with the Defendant for registration of a person who has rendered distinguished services to the State by asserting that “a person who has rendered distinguished services to the State was damaged during the military service,” and the Board of Patriots and Veterans Entitlement decided on December 23, 2014 that, considering the military service environment where a person who has rendered distinguished services to the State does not meet the requirements of a person who has rendered distinguished services to the State, but lives in a concentrated group, he/she cannot exclude tuberculosis infection during his/her military service, on the ground that he/she constitutes a military person, police officer, or military person under Article 2(1)2 of the Act on Support for Persons Eligible for Veteran

다. 그 후 피고는 전남대학교 병원에서 실시한 신체검사결과 폐 호기량(FEV1: 1초 내에 내쉰 공기량)이 101%로써 상이등급 기준에 미달한다는 이유로 2015. 6. 11. 원고에 대하여 등급기준미달 판정(이하 ‘이 사건 처분’이라 한다)을 하였다.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2 (including paper numbers), Eul Nos. 1 through 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff alleged that he suffered from a chronic pulmonary disease after receiving the diagnosis of "Gradical pulmonary Tuberculosis Team" while in military service, and the degree of wounds constitutes "persons who lose their ability to work not less than 1/3 of the average of the general public as well as their daily lives," but the defendant's disposition of this case judged below the degree of disability is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. According to the relevant laws and regulations pertaining to the determination, in order to be recognized as a disability rating due to a disease related to a disease, the amount of effort per first (FEV1) falls under either not more than 60 percent (Grade 6(2) 5108) or not more than 80 percent (Grade 7(5111).