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(영문) 부산지방법원 2018.11.07 2016구단1350
재판정신체검사상이등급처분취소
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 April 3, 1971, the Plaintiff participated in the Vietnam War War War Veterans, and entered the rank of the rank of the Plaintiff, and was discharged from active service on November 30, 1973 (hereinafter “the rank of the rank”), and was registered as a soldier or policeman wounded in action under Class 6 of the disability rating on the ground that the rank of the rank of the Plaintiff was registered as a soldier or policeman on November 30, 1973 (hereinafter “the rank of this case”).

B. (1) On May 16, 2016, the Plaintiff asserted that the instant wounds have deteriorated, and applied for a re-determination physical examination. (2) On November 10, 2016, the Defendant rendered a decision that the instant wounds constituted class 7 of the disability rating and class 8122 of the disability rating (hereinafter the instant disposition) to the Plaintiff (hereinafter “instant disposition”).

[Ground for recognition] Unsatisfy

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was limited to not less than 3/4 or not less than 1/2 of the physical area of the title of the instant wound, and thus, the Plaintiff’s assertion falls under either grade 6, grade 1, 817 or grade 6 (2) 8121.

Therefore, the instant disposition that the instant injury constituted class 7 8122 is unlawful.

◎ 국가유공자 등 예우 및 지원에 관한 법률 제4조(적용 대상 국가유공자) ① 다음 각 호의 어느 하나에 해당하는 국가유공자와 그 유족 등(다른 법률에서 이 법에 규정된 예우 등을 받도록 규정된 자를 포함한다)은 이 법에 따른 예우를 받는다.

4. Soldiers or police officers wounded in action: Soldiers or police officers wounded in action or in the line of duty corresponding thereto, and discharged from military service (including retirement from military service, exemption from military service, or discharge from full-time reserve service; hereinafter the same shall apply), or retired from military service (including civilian military employees retired from military service after having been wounded in action or in the line of duty corresponding thereto on or before December 31, 1959), whose disability has been assigned a disability rating under Article 6-4 (hereinafter referred to as "age rating") in a physical examination conducted by the Minister of Patriots and Veterans Affairs;

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