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(영문) 창원지방법원 2016.11.15 2015구합21085
상이등급기준미달처분취소
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. The plaintiff's attached B (the deceased on January 16, 1985, hereinafter "the deceased") entered the Army on September 17, 1951 and was discharged from military service on March 16, 1958 on June 27, 1953, after receiving hospitalized treatment at the military hospital on June 27, 1953 in the gold-gu Mangnsan War that began from June 25, 1953.

B. On June 16, 2014, the Plaintiff filed an application for registration of the deceased to the Defendant, and the Defendant, following deliberation by the Board of Patriots and Veterans Entitlement, determined on November 21, 2014, on the basis of recognition of the instant wounds, to meet the requirements for persons who have rendered distinguished services to the State.

C. After the written physical examination for the determination of the deceased’s disability rating, the Board of Patriots and Veterans Entitlement deliberated and resolved on the content that “The deceased’s existence and degree (current symptoms) are not supporting evidence to determine the deceased’s survival, and that the deceased’s physical examination result in the written physical examination conducted by a medical specialist of the relevant specialized department does not meet the criteria for disability rating. On March 23, 2015, the Defendant rendered the instant disposition that the deceased was determined below the criteria for disability rating in the disability rating table.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, Eul evidence Nos. 1, 2, 9 through 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The degree of the difference of the Plaintiff’s assertion was not a minor injury, and the Deceased had a pain and a chronic disorder due to the disorder of the right shoulder, even after discharge.

Therefore, the defendant's disposition of this case based on the premise that the degree of disability of the deceased falls short of the disability rating standards is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. According to the reasoning of the judgment of the court below, Eul's statement No. 5, and the witness C's testimony and pleading, the deceased was suffering from the instant difference in the Geumsan War at the time of the Korean War, and this is therefore.

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