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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of disposition;
A. On November 11, 1965, the Plaintiff’s husband B (hereinafter “the deceased”) entered the Army and died on February 25, 2003 after having been discharged from military service on February 29, 1968.
B. On June 7, 2016, the Plaintiff filed an application for registration with a person of distinguished service to the State (bereaved Family Members) on the basis of “the number of shares of farming, pulmonary tuberculosis, and the right-hand defect”.
On October 10, 2016, the defendant made a decision that the deceased's "waste tuberculosis activity(s)" constitutes a military person or police officer under Article 2 (1) 2 of the Act on Support for Persons Eligible for Veteran's Compensation.
C. After that, on the basis of the results of the physical examination that there is no objectively proven evidence, such as the records of non-defluence tuberculosis other than the bereaved family’s written statement, and the medical records, which can objectively prove that there was a disability caused by the combination thereof, the Veterans Examination Board did not meet the disability rating standard on November 23, 2016, and the Defendant notified the Plaintiff on December 5, 2016 that it falls short of the disability rating standard.
hereinafter referred to as "disposition of this case"
(i) Facts without dispute over the grounds for recognition, Gap's 3 through 5, Eul's 1 through 3, and the purport of the whole pleadings;
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the deceased suffered from post-treatment such as bucks, vertebucks, vertebucks, vertebucks, etc. due to pulmonary tuberculosis that occurred during military service. As such, the deceased’s disability rating is unlawful even though it constitutes class 5 (a person whose labor ability has been lost by at least 1/2 of the average person due to a disorder, such as chest clothes and organs), class 6 (1) (a person who has a defect in spine), or class 5 (a person who has a high level of functional disorder in spine), or 5 (a person who has a defect in spine). However, it is not recognized on a different premise.
(b)an expert witness who has taken an oath in accordance with a court proceeding or is commissioned by the court.