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(영문) 부산고등법원 2015.10.14 2014누23147
상이등급결정취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On July 18, 1950, the Plaintiff sustained an official gun of the combat forces (hereinafter “the instant wounds”) in the lurgian War, who was serving in the Army at the time of the 625 War.

B. The plaintiff was recognized as wounded in battle on March 30, 1983 for the instant wounds, but continued to receive a disposition of below rating in the physical examination conducted thereafter, and was subject to a disposition of disability rating 7 for the first time in the physical examination conducted on February 17, 2004.

C. After that, the Plaintiff received a re-trial physical examination in 2008, 2010, and 2012, the Plaintiff was determined as Grade 7 of the disability rating. On December 3, 2013, the Plaintiff received a re-trial physical examination at the Busan Veterans Hospital, but the Defendant notified the Plaintiff that he was determined as Grade 7 of the disability rating and Grade 4115 (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Due to the Plaintiff’s instant wounds, the Plaintiff currently suffers from serious post-treatment, such as functional disorder on the left side of the instant case, and the Plaintiff’s disability rating at least is at least Grade 6, but the Defendant’s disposition that determined that the instant case falls under class 7, 4115 of the disability rating is unlawful.

B. Article 6-4 (1) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State shall be classified into Grade I, Grade II, Grade III, Grade V, Grade VI, and Grade VII according to the degree of their disability. In such cases, it shall undergo deliberation and resolution by the Board of Patriots and Veterans Entitlement, Article 6-4 (2) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, and Article 6-4 (3) of the same Act provide that "the criteria for disability ratings under paragraph (1) shall be determined by comprehensively considering different parts and patterns, the degree of restriction on social life, etc." and Article 6-4 (

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