1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. The plaintiff entered around August 1948 and was trained on January 26, 1954, and received the same disability rating after the physical examination conducted on March 12, 1961, and after the physical examination conducted on September 2, 197.

B. After that, the head of Busan Veterans Hospital conducted a reclassification physical examination on October 31, 1996 at the request of the defendant's side. On November 4, 1996, the head of the above veterans hospital expressed his opinion that the grade of the plaintiff's wound constitutes class 3-19 on November 4, 1996, and the defendant issued a disability rating judgment on the same day with respect to the plaintiff as Class 3-19 on the same day (hereinafter "the disposition of this case").

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. According to Article 17 of the former Enforcement Decree of the Act on the Honorable Treatment, etc. of Persons of Distinguished Service to the State (wholly amended by Presidential Decree No. 15256, Dec. 31, 1996), the head of the veterans hospital shall conduct a re-physical examination on the premise of the “request by the Minister of Patriots and Veterans Affairs” or the “application by the head of the veterans hospital”. Meanwhile, pursuant to Article 102 of the Enforcement Decree of the Act on the Honorable Treatment, etc. of Persons of Distinguished Service to the State, the authority to request the re-

However, in this case, the disposition of this case was taken after the head of the Busan Veterans Hospital conducted a reclassification physical examination for the plaintiff at the request of the defendant without authority, not "the Minister of Patriots and Veterans Affairs" but "the defendant's ex officio application". Thus, the disposition of this case, which was conducted on the premise of a reclassification physical examination that meets the legal requirements, is significant

(b) as shown in the attached Form of the relevant statutes;

C. In order to ensure that an administrative disposition is void as a matter of course, there is an illegality in the disposition.