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(영문) 서울행정법원 2014.11.27 2013구합31745
재판정신체검사처분취소
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 Plaintiff applied for registration of a person of distinguished service to the Defendant, and the Defendant registered the Plaintiff as a person of distinguished service to the State in accordance with the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act”), recognizing that the Plaintiff participated in the Korean War and sustained a “competuity in battle” during combat.

B. On April 2, 2013, the Plaintiff submitted an application for physical examination to the Defendant for physical examination in accordance with Article 6-3 of the Act, Article 15 of the Enforcement Decree of the Act (hereinafter “Enforcement Decree”), and Article 7(2) of the Enforcement Rule of the Act.

In the above application, it is indicated that it is “the part of the verified injuries, such as majors,” and that it is indicated at the bottom of the application as the whole body of the Seocho Central Veterans Hospital’s body in early December 2012, which was recorded as “MRI” and “the entire body of the Seocho Central Veterans Hospital,” and the said description was written by the employee in charge of the Defendant, who is not the Plaintiff.

On the same day, the Plaintiff signed the report on the amendment of the support system following the re-determination physical examination prepared by the Defendant, and the document contains the following descriptions:

(hereinafter referred to as “the instant guide”). As the subject of veterans and the system for the reorganization of the compensation system was implemented, the support system will be modified as follows if the persons who have rendered distinguished services to the State, the persons who have rendered distinguished services to the State, and the persons who have rendered distinguished services to the State, undergo a re-trial physical examination.

After confirming the changes, the time to determine whether to apply for a re-trial physical examination after confirming the changes.

The improved procedures for physical examinations and disability rating standards shall be applied.

(2) Criteria for disability ratings shall also be reflected and adjusted in the latest medical technology, etc.

- Some adjusted aspects, such as the establishment of class 6(3)(s), but the disability rating may also be reduced in physical examinations in addition to the previous ones.

The system of veterans' benefits is changed.

1. The bereaved family's compensation system for the death was abolished.

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