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(영문) 부산지방법원 2016.12.21 2016구단20146
상이등급결정취소
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. On October 14, 1976, the Plaintiff entered the Navy and discharged from military service on September 30, 1979.

B. On July 18, 1991, the Plaintiff filed an application with the Defendant for registration of persons who rendered distinguished services to the State by using the difference in the application with the Defendant as “the nuclear escape certificate between Articles 3-4 and 4-5 and the vertebrate (hereinafter “instant difference”)” (hereinafter “instant difference”), and registered as class 6 of the person who rendered distinguished services to the State.

C. After that, on May 15, 2015, the Plaintiff received a disability rating 5 in a reclassification, and again applied for a re-examination on the instant wounds, and received a physical examination at the Busan Veterans Hospital on October 5, 2015.

On December 10, 2015, based on the result of deliberation by the Board of Patriots and Veterans Entitlement, the Defendant deemed that the Plaintiff falls under class 5 of the disability rating under attached Table 3 of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, and notified the Plaintiff that there is no change in the disability rating.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a state in which the Plaintiff was performed an operation to transplant the machinery that injects narcotics into spine with extreme pains caused by the instant wounds, and thus, it is impossible to perform any labor because it was almost blick.

The plaintiff is a person with at least 1/2 of the scope of normal sports because he/she is fixed in spine brates, etc., and less than 1/2 of the scope of normal sports, or a person who has lost his/her ability to labor due to any disorder in negorithal disorder by at least 2/3 of the average person, and cannot engage in work except particularly easy labor during his/her life, and thus is at least Grade 4 of the disability rating specified in the disability rating table

Therefore, the defendant's disposition of this case on a different premise is unlawful.

(b) Appendix attached to the relevant legislation;

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