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(영문) 대전지방법원 2015.05.01 2014구단100131
서면에 의한 상이등급구분 신체검사 결과 및 국가유공자유족 등록결정처분취소
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. On February 18, 2013, the Plaintiff is the Plaintiff’s spouse B or below the Defendant’s spouse.

The Court applied for registration of persons who have rendered distinguished services to the State in relation to “the bones of conflicts, between them, on each side, on each side of arms, arms, and granc injury.”

B. On October 11, 2013, the Defendant rendered a decision to recognize part of the requirements for soldiers and police officers on the Republic of Korea’s duty to the Plaintiff, i.e., the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit

C. On October 28, 2013, the Defendant conducted a physical examination on the classification of disability ratings in writing. On January 3, 2014, with respect to the Plaintiff, the Defendant did not meet the criteria for disability ratings, and on January 3, 2014, the Defendant is presumed to have disabilities in the national chronic system.

"For this reason, the registration decision of persons who rendered distinguished services to the State of Grade 7 (hereinafter referred to as "disposition of this case")."

A. [The facts that there is no dispute over the basis for recognition, Gap evidence 5, Eul evidence 1 to 3, Eul evidence 4 to 6, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion lost the hearing power of the right due to an accident in the military service, and lost a large portion of the hearing power of the left ear.

In addition, the deceased was a situation where not only the workplace life, but also the deaf-do could not work properly due to severe depression.

It is too unfair that the Defendant simply judged as class 7 of the disability rating corresponding to the degree of a high degree of disability in the deceased’s hearing ability, and it also constitutes a serious depression and a high degree of disability in the neutism and mental system.

Therefore, the instant disposition is unlawful.

B. The judgment 1 did not change the Plaintiff’s application for registration to the Defendant, but did not recognize that the Defendant, on October 11, 2013, was a soldier or policeman wounded on duty at the time of making a decision to partially recognize the requirements for soldier or policeman wounded on duty.

Therefore, the "defluence and depression" is a disability rating when the defendant disposes of the instant disposition.

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