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(영문) 수원지방법원 2020.05.08 2019구단8956
상이등급구분신체검사등급판정처분취소 청?
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. B (C students, hereinafter “the deceased”) entered the Army on February 1, 1949 and participated in the Korean War 6.25, and died on April 1, 1954 after the date of discharge from military service (the date of discharge from military service) on September 10, 197.

B. On August 23, 2018, the Plaintiff, the deceased’s spouse, filed an application for registration of bereaved family members to the Defendant, and received a decision that constitutes the requirements of persons of distinguished service to the State who were wounded in recognition of “the injury on the part of the earth and the Do governor trade” (hereinafter “each of the instant injuries”) against the deceased.

C. Since then, the defendant conducted a written physical examination of the deceased, and examined related data about each of the different wounds of this case after deliberation by the Board of Patriots and Veterans Entitlement, it is confirmed that there is no objective evidence to determine whether or not the deceased has a residual disability in his/her survival and the degree of his/her disability, and it does not meet the criteria for disability ratings of this case. However, although it falls under the criteria for disability ratings of Grade 7, 9070, which are not less than two physical injuries in his/her disability falling under the criteria for disability ratings of Grade 7, 9070

9. Criteria for the comprehensive determination of wounded bodies with two or more different disabilities in accordance with the criteria for comprehensive determination of wounds prescribed by Ordinance of the Prime Minister, among persons who have rendered distinguished services to the State and who fall under Grade VII in accordance with the criteria for comprehensive determination of wounds prescribed by Ordinance of the Prime Minister (related to Article 8-4) of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State (limited to Article 8-4);

Ⅳ. For persons who have failed to obtain a disability rating (limited to persons falling under Article 3 (1) 2 of the Decree) and who have at least two physical disabilities (excluding diseases) different from the criteria for comprehensive assessment of the wounds in respect of persons with at least two physical disabilities, the disability rating may be determined at Grade 7 of the disability rating by integrating their respective physical bodies;

However, the case where one difference is assessed respectively from a different point of view, or where the other difference is derived.

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