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(영문) 대구지방법원 2017.06.16 2017구단430
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. The deceased B (hereinafter “the deceased”) entered the Army on May 20, 1952 and participated in the 625 War. On November 13, 1952, 1952, the deceased was discharged from military service on April 1, 1953 and died on August 8, 1979.

B. On June 14, 2016, the Plaintiff, the wife of the deceased, filed an application for registration of bereaved family members of a person who has rendered distinguished services to the State by asserting that “the deceased sustained totals on the left-hand shoulder and right-hand bucks in the front of the school.” As to this, the Defendant determined that the deceased suffered “the injury in this case” during battle, and determined that the deceased was “the injury in this case on the left-hand bucks” (hereinafter “the injury in this case”), and determined that the injury constituted the requirements of persons who have rendered distinguished services to the State.

C. After that, the Defendant followed a written physical examination and the deliberation of the Board of Patriots and Veterans Entitlement to determine the disability rating of the instant wound, and rendered a decision on January 9, 2017 on the registration of bereaved family members of a person who rendered distinguished services to the State with class VII 4115, to the Plaintiff

(hereinafter referred to as "disposition of this case"). / [Grounds for recognition] The entry of Gap evidence 1, 2, and Eul evidence 1 through 12 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the deceased suffered serious wounds in the instant case to the extent that he would receive hospital treatment for 94 days, and that the deceased suffered serious pain for a long time due to post-treatment without normal work until he died after discharge, and the Plaintiff actually supported 5 South Korea. The instant disposition with disability rating 7 is unlawful.

B. The applicant for registration of a person who rendered distinguished services to the State bears the burden of proving that he/she suffered wounds in the performance of judgment and the degree of physical disability is higher than that prescribed by law.

(see Supreme Court Decision 2011Du26589, Aug. 22, 2013). According to the foregoing evidence in the instant case, the Daegu Veterans Hospital implemented on October 24, 2016.

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