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(영문) 대전고등법원(청주) 2014.12.17 2014누5232
국가유공자 상이등급미달결정처분취소
Text

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.

Reasons

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.

The Plaintiff’s assertion as to the lawfulness of the instant disposition is due to the instant wounds, and the Plaintiff suffered from chronic cryposis, respiratory difficulty, chronic chropitis, chronic brupt, and sylle, and the Plaintiff suffered from sylle, and thus, the Plaintiff constitutes “a person who has lost at least 30 percent of external cryp and thereby has a pulmonary disorder” under class 7, class 2304 of the Enforcement Decree of the Act on Persons of Distinguished Services to the State, [Attachment 3] or “a person who has a sylle in the external cryp,” class 7, class 3108.

Therefore, the instant disposition on the ground that the instant difference falls short of the disability rating criteria shall be revoked as it is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Facts of recognition

On December 4, 2012, the doctor B belonging to the Chungcheongnam-do University Hospital was born by the Plaintiff on the ground of pulmonary color and two copies that occurred after the water surface in 1986, and the opinion that the weight of severe evidence was observed along with the brut and satching of the brut, and it was determined that this was due to the brut of the brut of the brut body.

On the other hand, on December 28, 2012, 2012, the Lee Jae-in and medical specialists belonging to the Daejeon Veterans Hospital expressed that the instant wounds fall short of the criteria for appearance or grade. The Board of Patriots and Veterans Entitlement determined that the instant wounds fall under the category of GT, on the basis of medical specialists belonging to the Daejeon Veterans Hospital and photographs taken of the Plaintiff’s inner part of the body, etc.

In the judgment of the court of first instance, a doctor C to conduct a physical evaluation of the plaintiff at the request of the court of first instance.

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