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(영문) 서울행정법원 2016.06.09 2015구단63695
상이등급구분 신체검사 등급판정처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s husband B (hereinafter “the deceased”) served as a policeman from January 31, 1951 to June 30, 1951.

After retirement, November 4, 1968 died.

On September 23, 2014, the Plaintiff filed an application with the Defendant for registration of persons who rendered distinguished services to the State.

On December 22, 2014, the Defendant issued a notice to the Plaintiff on December 22, 2014, taking into account the fact that on November 23, 1950, the records of 30 military uniforms and telegraph injuries suffered while the deceased served as a police official in the register of police officers killed in action or on duty, and the records of her uniforms and telegraph injuries were confirmed in the notice of the Sidododododog-gun, Jung-gun, Mung-gun, Mung-gun, Mung-gun, Mung-gun, Mung-gun, Mung-gun (hereinafter “Act”), the deceased determined the requirements of Article 4(1)4(d) of the Act on the Honorable Treatment and Support

After that, on March 26, 2015, after deliberation on the disability rating of the deceased, the Defendant rendered a decision corresponding to the person who rendered distinguished services to the State (bereaved family members) on the ground that the Plaintiff did not meet the criteria for disability rating under attached Table 3 of the Enforcement Decree of the Act because there was no evidence to determine the existence and degree of after-the-job disability of the deceased in relation to the above recognition status of the deceased in relation to

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1, 5, Eul evidence Nos. 1-7, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. On November 23, 1950, the Plaintiff’s claimant was discharged on April 1951 after receiving hospitalized treatment for about six months at the Daegu Movable Property Hospital, a police hospital, after having been given a surgery to remove bed and bed in the Republic of Korea, on the ground that the Plaintiff died at the young age of 42.

The deceased’s disability rating falls under class 7-511(the average person’s ability to work at least 1/4 of the average person’s ability due to a disability, such as chest-do, etc.), which shall be determined by the Central Veterans Hospital, and the removal of kidne’s disability shall be based on serious stress after an operation conducted by the National Veterans Hospital.

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