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(영문) 부산지방법원 2019.02.13 2018구단20133
상이등급결정취소
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. (1) On May 21, 2012, the Plaintiff entered the Marine Corps on May 21, 2012, when he was killed and moved a truck during the FTX National Technical Guidance Training, and was killed in the accident, and suffered from the accident, the left-hand kne, the kne, the full-time kne, the kne, and the anti-months in and out of the Republic of Korea. (2) On November 27, 2013, the Plaintiff was discharged from military service on February 20, 2014.

B. 1) On July 8, 2014, the Defendant: (a) was disabled in the Plaintiff’s left-hand knee-free kne-free kne-free kne-free kne-free kne-free kne-free kne-in

(2) The Plaintiff was subject to a new physical examination on October 2, 2014 and a physical examination on January 5, 2017, respectively, but received a disposition from the Defendant failing to meet the criteria for disability rating.

C. On September 25, 2017, the Plaintiff applied for a physical examination for re-verification to the Defendant on the ground that the instant difference has deteriorated, and the Defendant conducted a physical examination on October 27, 2017 with respect to the Plaintiff, subject to deliberation and resolution by the Board of Patriots and Veterans Entitlement, rendered a disposition below the disability rating standard (hereinafter the instant disposition) on December 15, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 5, Eul evidence Nos. 3 and 5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The difference in the Plaintiff’s assertion continued to have deteriorated even after a disposition falling short of the previous disability rating standard, according to the C Hospital’s disability diagnosis report, the degree of the left-hand knee’s knee’s knee’s ekne’s ekne’s gne’s ekne’s ekne’s e

In addition, the appraiser who made the physical examination in this case revealed that the degree of injury of the different body in this case constitutes Class 7 8122.

Therefore, the disability rating of the instant wound should be class 7 8122.

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