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1. On January 28, 2015, the Defendant’s disposition to raise the number of trials rendered against the Plaintiff shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. On March 30, 1982, the Plaintiff was discharged from military service on May 17, 1983, while suffering from mental illness after having entered the Army.
B. On September 23, 2005, the Plaintiff filed an application for registration of a person of distinguished service to the State on the basis of applying for the “mental fission” (hereinafter “the instant injury and disease”). However, on February 17, 2006, the head of the Seoul Regional Veterans Administration rendered a disposition of non-conformity with the person of distinguished service to the State. The Plaintiff, who won administrative litigation, recognized the requirements for the person of distinguished service to the State, and was determined to fall under class 6(2)42 of the disability rating through physical examination.
C. After that, on September 11, 2014, the Plaintiff filed an application for a re-examination on the ground that the status of the instant injury and disease has deteriorated, and the Defendant rendered the instant disposition to raise the Plaintiff’s disability rating to Grade 6(1) and 4207 on January 28, 2015.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 4 (including provisional number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff’s disease of this case recognized as a soldier or policeman wounded on duty has a lot of difficulties in social life and cannot engage in any work activity. Thus, the injury rating for the above injury and disease falls under class 5 at least.
Therefore, the defendant's disposition of this case judged as falling under class 6 (1) is unlawful.
(b) as shown in the attached Form of the relevant statutes;
C. The key issue of this case is to determine the degree of loss of the Plaintiff’s ability to work due to mental disorders and evaluate the degree of injury of the injury of this case’s injury. According to the relevant laws and regulations as seen earlier, where the degree of loss of labor ability is at least 1/2, it falls under class 5(2)4206 of the disability rating, and where the degree of loss of labor ability is at least 2/5, it falls under class
In this Court, the entry of Gap evidence 3-1 to 14, and this Court.