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(영문) 창원지방법원 2015.12.08 2013구합21272
상이등급판정처분취소
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 November 4, 1971, while entering the Army and serving in military service, the Plaintiff was faced with shooting training around 1973 and was faced with the face, left shoulder, both breasts and knee knee.

B. On March 9, 2012, the Plaintiff received a decision that the Plaintiff constitutes a soldier or policeman wounded 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”) following a resolution of the Board of Patriots and Veterans Entitlement on February 13, 2013.

C. On March 19, 2013, the Plaintiff received a new physical examination at the Busan Veterans Hospital, and the Defendant determined as Grade 7 401 as to the chest, based on the result of the physical examination that “The Defendant is not infinites and chinites function disorder but is still infinites disorder disorder,” and rendered a comprehensive judgment as Grade 7 on March 27, 2013 to the Plaintiff.

[Attachment 3 of the Enforcement Decree of the Act, which was enforced at the time of the determination, is subject to the limitation of employment latitude 401 (person subject to the limitation of employment latitude due to a chronic disorder on the part of the national part of the national part of the national part of the family part of the family part of the family part of the family part of the family part of the family part of the family part of the family part of the family part of the family part of the family part of the family part of the family part of the family part of the family part of the family

D. On June 5, 2013, the Plaintiff was dissatisfied with the result of the determination under a new physical examination, and received a physical examination by the Busan Veterans Hospital on June 5, 2013, and the Defendant determined as Grade VII 401 each on the left shoulder and chest part of the physical examination that “It is confirmed that the flag disorder is remaining due to the flag on the left part of the left part, and there is a flag disorder in the chest part,” and that on June 17, 2013, the Plaintiff rendered a comprehensive determination as Grade VII.

E. On July 23, 2013, the Plaintiff asserted that he/she should be subject to a disability rating as to his/her face, and was subject to a re-examination on the trial on July 23, 2013, and the Defendant “as to his/her left shoulder and face, class 7, class 415 and class 7, respectively.

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