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(영문) 대전지방법원 2017.08.24 2016구단101138
국가유공자상이등급기준미달결정처분 취소
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 March 18, 1987, the Plaintiff entered the Army and was discharged from military service on September 15, 1988, and was notified by the Defendant on September 12, 2015 of the decision to recognize the requirements for persons who rendered distinguished services to the State (hereinafter “instant wounds”).

B. On August 12, 2016, the Defendant issued a physical examination of the instant wounds, and on August 12, 2016, determined that the degree of physical disability caused by the injury to the Plaintiff falls short of the grading standards (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of the degree of disability is in attached Form 3 of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State.

8. The instant disposition that judged that it falls under “a person who has a functional disorder in light of the latitude and longitude among the three sections of the three sections of one bridge” under class 7 8122 from the disability of bridge and village, is unlawful in the disposition of this case that judged that it falls short of the grading standard under a different premise.

B. Article 6-4 of the Act on Persons of Distinguished Services to the State provides that the disability ratings of persons who have rendered distinguished services to the State shall be classified into Grades I through VII under the conditions as prescribed by the Presidential Decree, and Article 6-3 provides that matters necessary for the classification and determination of the disability ratings shall

Article 14 (3) of the Enforcement Decree of the Act on Persons of Distinguished Services to the State delegated by the above Act provides that the classification of disability ratings depending on the degree of physical disability shall be as specified in attached Table 3. Article 14 (2) of the Enforcement Decree of the above Act provides that matters concerning the method of determining physical disability and method of measuring physical disability and physical disability shall be determined by Ordinance of the Prime Minister. Article 19 of the Enforcement Decree of the above Act provides that a disability rating shall be conducted by a doctor of the relevant field commissioned by the head of a veterans hospital

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