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(영문) 광주지방법원 2014.08.28 2012구합614
상이등급구분신체검사등급판정처분취소
Text

1. On May 26, 201, the Defendant revoked the determination of the rating of the physical disability rating rendered to the Plaintiff.

2...

Reasons

1. Basic facts

A. The Plaintiff’s status B (hereinafter “the deceased”) served in the Army on October 5, 1951 and served in the Korean War on June 24, 1953, and was wounded in battles in the 6,25 War, and was discharged from military hospital via 36 hospitals via 36 hospitals on October 31, 1953, and was discharged from military service on December 2, 199, without undergoing physical examination for the classification of disability ratings.

The plaintiff is a spouse married with the deceased on February 26, 1958 and is a bereaved family member.

B. On July 23, 2010, the Plaintiff asserted that the deceased was a person who rendered distinguished services to the State and applied for registration of the deceased as a person who rendered distinguished services to the State, on the ground that the deceased was a person of distinguished services to the State in combat action in the Ycheon District, and that the deceased was a person of distinguished services to the State.

On December 29, 2010, the Board of Patriots and Veterans Entitlement recognized the deceased as a combat-related wound of the deceased pursuant to Article 10 (1) of the former Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Presidential Decree No. 23885, Jun. 27, 2012; hereinafter “former Enforcement Decree of the Act on Persons of Distinguished Service to the State”), and deliberated and decided on the deceased as a person falling under Article 4 (1) 4 of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Act No. 11041, Sep. 15, 2011; hereinafter “former Act on Persons of Distinguished Service to the State”).

C. On February 10, 201, the Defendant: (a) entrusted the Gwangju Veterans Hospital with a documentary examination to determine the deceased’s disability rating on February 10, 201; and (b) determined the deceased’s disability rating as Class-7 401 of the former Enforcement Decree of the Act on Persons of Distinguished Services to the State according to the opinion of the medical specialist in charge (i.e., in accordance with the records of marry and marism caused by depression and marism by depression; and (c) the deceased’s disability rating was determined as Class-7 401 of the disability rating table.

For this reason,

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