1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the following parts written in the judgment of the court of first instance. Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The sixth part of the judgment of the court of first instance (hereinafter referred to as the "No.41") shall be cited as follows.

D. In light of the fact that the operation, which is one of the treatment methods of the conical escape certificate, is not effective at all times in the treatment of the conical escape certificate, and is likely to cause side effects such as physical restriction or aggravation of pain, it is necessary to carefully and carefully implement the operation only for patients deemed to be capable of sufficiently offsetting side effects, etc. The treatment effect of the operation. Even if the Plaintiff is accompanied by old age, special diseases, and spine with special diseases, etc., and the Plaintiff is not in inevitable circumstances that make it impossible to undergo physical surgery, such circumstance alone cannot compel the operation. Article 8-3 [Attachment 4] of the Enforcement Rule of the Act on Persons of Distinguished Services to the State provides that “Where it is deemed difficult to expect the treatment effect due to an operation, etc., a disability rating may be determined according to the aftermath,” and it is not necessarily required to undergo the operation for grading.

Article 6-3 (2) 4 of the Act on Persons of Distinguished Services to the State may re-determine a disability rating according to the plaintiff's future conditions by providing that "the Minister of Patriots and Veterans Affairs may conduct a physical examination for re-classification for persons deemed necessary to be re-classified ex officio among persons subject to the application of the Act after obtaining a disability rating.

⑤ According to the results of fact-finding with regard to the head of the original university hospital at the time, “if it is deemed difficult to expect medical effect even through surgery, etc.” of the Plaintiff.