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(영문) 인천지방법원 2016.05.31 2015구단1561
상이등급구분신체검사 등급판정처분 취소
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. The deceased B (hereinafter “the deceased”) entered the Army on March 6, 1952 and discharged on May 10, 1953, but died on April 5, 1982.

B. On October 23, 2014, the Plaintiff, as the deceased’s spouse, filed an application for the registration of bereaved family members of a person who has rendered distinguished services to the State by asserting that the deceased sustained injuries by boms during the battle at the time of the Korean War, and the Defendant determined that the deceased’s “the deceased’s “scopical injury, such as a scopical injury, a general injury, a scopic scopic, and a scopic scopic scophing,” on the ground that the deceased’s “scopic scopic scopic scopty,” was recognized as a battle-related injury, thereby falling under Article

C. After January 28, 2015, the deceased’s injury was determined as the written physical examination by the Central Veterans Hospital on January 28, 2015, the result of deliberation by the Merit Reward Judgment Committee on March 16, 2015, the result of deliberation by the Board of Patriots and Veterans on March 16, 2015, the “satisfe: Esatfe: Esatfebsat, Esatfregsat, Esatfregsat, Mafregsat,” the “persons whose degree of disability was restricted in the course of employment due to a chronic disorder,” and the “class and classification number: 7th 415”, and the Defendant rendered a grading disposition of the disability rating classification (hereinafter “instant disposition”) to the Plaintiff on May 19, 2015 pursuant to the foregoing determination.

On June 1, 2015, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on August 18, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the deceased was suffering from the instant wound, and returned home and was unable to receive normal treatment, and died in a brupt and suffering due to a short bridge. The deceased’s disability rating should be determined.

A person who has been short of 3 cc or more, and falls under class 6 8203 or is a disorder in the function of the new system.

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