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(영문) 대구지방법원 2019.09.06 2019구단10363
상이등급결정취소
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. On September 8, 1982, the Plaintiff entered the Army and was discharged from military service on February 13, 1985. On January 27, 2015, the Plaintiff received a disposition of disability ratings under Grade VII 8122, on the ground that the Plaintiff applied for registration of the Defendant as a person who rendered distinguished service to the State (hereinafter “the instant wound”).

B. On September 3, 2018, the Plaintiff filed an application for a re-examination with the Defendant, and on January 15, 2019, the Defendant rendered a disposition to re-determination of a disability rating to the effect that the Plaintiff’s disability rating was changed to Grade 7 and 8122, according to the deliberation and resolution by the Patriots and Veterans Deliberation Committee (hereinafter “instant disposition”) on January 9, 2019, that “the Plaintiff’s disability rating falls under Grade 7 and 8122, considering relevant data, opinions of physical examinations, and the results of the Veterans Deliberation Committee.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Article 14(3) [Attachment 3] of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State as to the classification of the Plaintiff’s disability rating and Article 8-3 [Attachment 4] of the Enforcement Rule of the same Act are merely exemplary provisions. The Plaintiff is subject to considerable restrictions in daily life due to the instant disability, and the Plaintiff is in need of defluorization of human mission due to damage to the right-hand knee’s outer half-month kne and the upper half-year kne’s kne, and thus, constitutes 6.17 or 6.21 of the Enforcement Rule of the same Act.

Therefore, the instant disposition that deemed that there is no change in the Plaintiff’s disability rating on different premise should be revoked as it is unlawful.

(b) Attached Form of relevant statutes;

C. 1) The Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act”)

Article 4 (1) 6 is a soldier.

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