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(영문) 서울행정법원 2018.09.06 2017구단35458
신체검사결과 및 국가유공자7급등록결정처분 취소
Text

1. On October 23, 2017, the Defendant revoked the determination of the disability rating rendered to the Plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The plaintiff entered the Army on March 1, 1998 and was discharged on February 29, 2004.

B. On July 5, 2017, the Plaintiff received a decision that the Defendant’s spawn spawn (hereinafter “the instant wound”) constituted “the requirements for “the injury of a person who rendered distinguished services to the State” under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State” (hereinafter “the Act”) on the Honorable Treatment and Support of Persons of Distinguished Services to the State.

C. After that, on October 23, 2017, the Defendant issued a physical examination of the instant wounds and a resolution of the Board of Patriots and Veterans Entitlement to the Plaintiff on October 23, 2017, a disposition that “the degree of the instant wounds falls under Class 7, 3108 of the disability rating” (hereinafter “instant disposition”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion falls under “a person who has a high-level chest in appearance” (attached Table 3] of the Enforcement Decree of the Act on the Honorable Treatment of Persons, etc. of Distinguished Services to the State, where the length of the longer side is at least 5 cm.

Nevertheless, the defendant's disposition of this case on different premise is unlawful.

B. Determination 1) According to the classification of disability ratings under Article 14(3) [Attachment 3] of the Enforcement Decree of the Act on Persons of Distinguished Services to the State, which is set on the basis of disability ratings depending on the degree of physical disability pursuant to the delegation of Article 6-4(3) of the Act on Persons of Distinguished Services to the State, “a person who has a high scarcity in the dual, inner part (including suffering from mastalopia), or around the dual, inner part (including suffering from mastalopia),” falls under Grade 6(2)3107, and “a person who has a scarcity in the dual, inner part, or inner part” falls under Grade 7(3)108

3. From the chest disability items, “a person who remains a highly chest in the appearance” and “a person who remains a chest in the appearance of the appearance.”

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