(Cheongju)Revocation of revocation of a decision not to reach a disability rating for persons of distinguished service to the State;

A

Head of Cheongju Veterans Branch Office

Cheongju District Court Decision 2013Guhap1435 Decided April 17, 2014

November 19, 2014

December 17, 2014

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Purport of claim

The decision that the Defendant rendered distinguished service to the Plaintiff on April 29, 2013 was revoked.

2. Purport of appeal

The same shall apply to the order.

1. Details of the disposition;

The court's explanation on this part is identical to the corresponding part of the reasoning of the judgment of the court of first instance. Thus, it is citing this in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The plaintiff is suffering from chronic cryposis, respiratory difficulty, chronic chronsis, chronic bryposis, and strut choper due to the wound in this case. Since crut choper had a choper, the plaintiff was lost not less than 30 percent of external crop in [Attachment 3] of the Enforcement Decree of the Act on Persons of Distinguished Services to the State, thereby falling under a person who has a serious hump in pulmonary disorder, or a person who has a hump in hump in 7th 3108. Accordingly, the disposition of this case on the ground that the wound in this case falls short of the disability rating criteria, the disposition of this case should be revoked because it is unlawful.

B. Relevant statutes

It is as shown in the attached Form.

(c) Fact of recognition;

1) On December 4, 2012, medical doctors B belonging to the Chungcheong University Hospital: (a) moved to the Plaintiff on the ground of the pulmonary color and two copies that occurred after the water surface in 1986; (b) was distributed to the Plaintiff on the ground of non-distribution of the Epic test; and (c) was observed with the epicing and sporasium (copty spores), and it was determined that this was caused by the epication of the flusium.

2) Meanwhile, on January 12, 2012, 2012, the Lee Jae-in medical specialist belonging to the Daejeon Veterans Hospital expressed that the instant wounds fall short of the criteria for rating and level in CT. The Board of Patriots and Veterans Entitlement determined that the instant wounds fall under the category of lux lux lux lux lux lux lux lux lux lux lux lux lux lux lux lux lux lux lux lux lux lux lux lux lux lux lux lux lux lux lux lux la

3) At the request of the court of first instance, the appraisal doctor C at the Onl University Daejeon Hospital, which conducted a physical examination of the Plaintiff, conducted at the request of the court of first instance, provided that the current status of the Plaintiff is as follows:

A) The degree of the instant difference is deemed to be the brut of unsatching, satching, and satching of weight. The degree of the instant difference is deemed to be the satching of satching and the satching of weight. It is determined that the satching and the satching of the satisfy due to the shock of external expenses caused by accidents after entering the satisfy, and that there was a satis

B) A further weight-oriented and non-specific surgery is required. A surgical treatment is required for approximately 4 days to be accompanied by hospital treatment for about 1 week, and a outpatient treatment is required for about 3 months to 6 months after discharge.

C) Even in the case of the implementation of an surgery, the state of disability occurring at present may be improved to a certain extent, if the Plaintiff is under adequate treatment, such as surgery, without complete correction due to a long-term relationship between the time of the outbreak of external vision and the degree of chronology.

D) Whether a physical disability falls under a few grades of persons who rendered distinguished service to the State should be determined after an operation is performed first of all as a matter of post-treatment. However, if an operation is not completed, it constitutes a person who has a scarcity in the 7th 3108 appearance (in the inside of the inside of the inside of the inside of the inside of the inside of the case, a scarcity in the scarcity in the 7th 3108 appearance, depending on a scarcity disorder in Table 3) 3.

E) The Plaintiff’s impairment does not constitute “a person whose external coin has lost 30 percent of the external coin,” who is a person who has suffered from a loss, and who has lost his/her base and her base and body covered thereby.”

F) The Plaintiff’s weight gale gale is larger than a middle degree, and as well as that, it can be recognized as a plebrare, if the appearance of a non-distribution accompanied by the Plaintiff is more than that of a person’s appearance. The degree of a chest can be determined depending on the person who is determined. However, it is clearly apparent that the plebrain’s axis is left to the right in the heart, and that it appears to be visible to have been distributed to the right in the heart, and there are both the fact that the nose is located in the center of the face of the face and the fact that it is well-known in the eye and the fact that it is connected with the eye and two parts of the non-distribution. In that sense, it can be determined as a chest.

[Ground of recognition] The fact that there is no dispute, Gap evidence 4-1, Eul evidence 1, Eul evidence 4-4, Eul evidence 4 (including a Serial No. 4), the result of the commission of physical appraisal to the director of the Daejeon Plung University at the court of the first instance, the purport of the whole pleadings

D. Determination

1) First, as to whether the Plaintiff’s loss of at least 30 percent of external coaches under Article 14(3) [Attachment Table 3] of the Enforcement Decree of the Act on Persons of Distinguished Services to the State constitutes “persons who have a serious disorder in pulmonary function due to the Plaintiff’s loss of at least 30 percent of external coaches,” the evidence submitted by the Plaintiff alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it, and rather, it is recognized that the Plaintiff’s loss of external coaches does not constitute “persons who suffered from loss of 30 percent of external coaches, and who lost the skin, i.e., the part of this part of the Plaintiff’s assertion is without merit.”

2) Next, in light of the contents and purpose of the above relevant laws and regulations as well as the following circumstances, it is difficult to view the instant difference as falling under class 7(3) [Attachment 3] under Article 14(3) [Attachment 3] of the Enforcement Decree of the Act on Persons of Distinguished Services to the State, and there is no evidence to acknowledge it differently.

A) In full view of the contents and structure of the provisions of Article 6-4 of the Act on Persons of Distinguished Services to the State, Article 14(3) [Attachment Table 3] of the Enforcement Decree of the same Act, and Article 8-3 [Attachment Table 4] 3] b) of the Enforcement Rule of the same Act, in order for a person who has physical disability in Corco to fall under the physical degree of Grade 7, Grade 3108 among the physical grade table of Article 14(3) [Attachment Table 3] of the Enforcement Decree of the same Act to fall under the "person who has a scarcity in the scarcity", that is, the "person who has a scarcity in the scarcity due to the alteration of co, and has a scarb above the degree of body disability in the 7th 3108", it cannot be concluded that the Plaintiff falls under this case

B) According to Article 8(3) of the Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, in principle, a disability rating shall be determined at a fixed state of disability, and where it is medically recognized that a disability may be fixed within six months, it shall be determined at the time the disability is fixed, or where it is medically recognized that the disability cannot be fixed within six months, it shall be judged at the time the wound is determined at the time the wound is determined, and where it is medically recognized that the wound cannot be fixed within six months, it shall be judged at the time the wound is recognized, and it shall be determined at the time the injury is determined at the time the treatment is completed. However, as recognized earlier, the plaintiff needs to provide an indicative treatment, such as the weight-type and the external indivology, and if the plaintiff suffers from an appropriate treatment such as operation, etc., it cannot be deemed that the condition of the disability at present can be improved to some extent. In light of such difference, it cannot be deemed that the treatment of the instant case was completed.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal is accepted, and the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed as per Disposition.

The presiding judge, assistant judge and assistant judge

Judges Tae-Gyeong

Judges Lee Sung-sung

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.