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(영문) 광주고등법원(전주) 2019.12.11 2018누2228
상이등급결정처분 취소 등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. On August 10, 1966, the Plaintiff was discharged from the military unit on December 31, 197, while serving in the Marine Corps for the Marine Corps, under the operation for the removal of the upper right and the lower leaves from the pulmonary tuberculosis in 1967.

B. Around 2013, the Plaintiff filed an application for distinguished service to the State with the injury of pulmonary tuberculosis’s activity background (e.g., sacrificing and sacrific sacrific sacrific sacrific sacrific sacrifs, the right side sacrifs, and the diagnosis on May 19, 1967, hereinafter “the instant disaster injury”). The Board of Patriots and Veterans deliberated and decided that the Plaintiff is a soldier or policeman on duty under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State”).

C. In order to determine a disability rating, the Plaintiff received a physical examination for the determination of the disability rating, and thereafter, the Plaintiff’s disability rating was determined as Grade 7, 5111 on the ground that it is reasonable to determine the patient’s 0.52L, 18%, and the patient’s FEV1 is determined as Grade 5, 7, 5111, in consideration of the decrease in the patient’s right side function due to the breath alcohol in the pulmonary function test (forced Exiraty Vole in 1st century, the first initial efforted volume; hereinafter “FE1”).

Accordingly, the plaintiff applied for a re-examination, and at the time, the department in charge of Gwangju Veterans Hospital shows the opinion of liveric disease in chest CT, and suggested on March 20, 2014 that the plaintiff's disability rating falls under class 5, 5106 on the ground that FE1 was 32% as a result of the pulmonary function examination.

However, on June 11, 2014, the Board of Patriots and Veterans Entitlement decided that the plaintiff's disability rating falls under class 6, class 3, class 5110 by integrating related data and the results of the reexamination conducted by medical specialists in the relevant specialized department.

On November 20, 2015, the plaintiff appealed to the defendant and filed an application for a re-examination, and the Gwangju Veterans Hospital shall conduct a physical examination on the judgment of November 20, 2015.

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