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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 December 1, 1977, the Plaintiff entered the Navy and was discharged from military service on December 23, 1978, and on November 28, 2016, filed an application for a re-determination for a trial with the Defendant for nuclear escape (L4-5) recognized as a person of distinguished service to the State (Grade VII) (hereinafter “instant injury and disease”).
B. On February 17, 2017, the Defendant rendered the instant disposition to the Plaintiff on the ground that “The physical examination of the instant injury and injury rating of the Board of Patriots and Veterans Entitlement (“Class 7 6109”) constitutes “the results of the physical examination of the injury rating classification and the review and resolution of the Board of Patriots and Veterans Entitlement”
[The evidence No. 1, No. 1 to No. 4 of the ground for recognition, each entry of No. 1 to No. 4 of the evidence, the whole purport of the pleading.]
2. Whether the disposition is lawful;
A. Although the Plaintiff’s assertion that the remaining disability of the injury of this case constitutes class 6-2 of the disability rating, the Defendant’s disposition of this case, which was determined as class 7, is unlawful.
(b) Entry in the relevant statutes are as shown in the attached statutes;
C. (1) The first sentence of Article 6-4(1) of the Act on Persons of Distinguished Services to the State provides that "A person subject to a physical examination shall be classified into Grade I, Grade II, Grade III, Grade IV, Grade V, Grade V, Grade VI, and Grade VII according to the degree of his/her disability," and Article 6-4(3) of the Enforcement Decree thereof provides that "a matter necessary for the classification, determination, etc. of a disability rating under paragraph (1) shall be prescribed by Presidential Decree," and Article 14(3) of the Enforcement Decree thereof provides that "the classification of a disability rating according to the degree of his/her physical disability shall be as specified in attached Table 3
In addition, Article 8-3 of the Enforcement Rule of the same Act stipulates that "the determination of a disability rating for the injury by physical parts under Article 14 (2) of the Decree shall be in accordance with the criteria of the attached Table 4 (the determination of a disability rating by physical parts)."
In order to fall under class 6 of disability rating 2, according to attached Table 4 of the Enforcement Rule of the Act on Persons of Distinguished Service to the State, ① perform an operation on the escape certificate between at least two conical bodies, and two consecutive drillings.