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(영문) 부산고등법원(창원) 2019.05.15 2019누10132
상이등급재판정
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for adding the following judgments as to the matters asserted by the plaintiff in this court:

Therefore, based on Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, this is quoted.

2. The Plaintiff asserts that, inasmuch as the Plaintiff’s advance contribution was caused by the Maternal Damage (see, e.g., a written opinion attached to the Plaintiff’s written application for physical assessment on July 16, 2018), the Plaintiff’s disability rating is repeated as falling under class 6(1)5203, which is granted where “the Plaintiff’s advance contribution was lost due to Maternal Damage”.

However, even if the cause of the Plaintiff’s contribution was damaged to the same connection, it can be additionally recognized that the damage to the same connection was caused by the disease of this case or injury that the Plaintiff sustained while serving in the military, and the foregoing contribution can be reflected in the assessment of disability rating. However, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the above, and there is no other evidence to acknowledge it otherwise.

On the other hand, the plaintiff asserts that the plaintiff was recognized as a soldier or policeman on duty on March 29, 197 as having been in the state of hospitalization and recovery of friendly chronological disease on March 29, 1977, and thus, the aforementioned chronology also constitutes a wound caused by the performance of official duties. However, since the "salutism" and "salutism and chronic chronic chronological damage" are separate diseases that are not identical to the "salutic chron and chronic chronic chronic chronological chronronic chronronic chronronic chronronic chronic chronic chronic chronic chronic chronic chronic chronic chronic chronic chronic chronic chronic chronic chronic chronic

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