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(영문) 제주지방법원 2015.04.08 2014구합117
상이등급구분신체검사 등급판정처분취소
Text

1. On November 15, 2013, the Defendant’s disposition of grading physical examination in a disability rating classification issued to the Plaintiff is revoked.

2...

Reasons

Basic facts were registered on January 16, 200 for the first time as a disability rating 5 of persons who rendered distinguished services to the State on the ground that the plaintiff suffered injury to the hydro-nuclear escape certificate No. 4-5 in the military due to an accident during military service in around 1988.

On February 20, 2013, the Plaintiff filed an application for re-determination of a disability rating with the Defendant on February 20, 2013, and received a physical examination at the Busan Veterans Hospital on September 24, 2013.

The defendant, based on the results of the above physical examination conducted by the Board of Patriots and Veterans on November 15, 2013, deemed that the plaintiff falls under class 5 of the disability rating 6103 in accordance with the disability rating classification table, and notified the plaintiff on November 15, 2013 that there was no change in the disability rating as a result of the re

(2) Article 14(3) [Attachment 3] of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act”), which states that the disposition of this case is legitimate, as a whole, facts without dispute, Gap’s evidence Nos. 1 through 3, Eul evidence No. 1, Eul evidence No. 3, Eul evidence No. 4 through 10, and the purport of the whole argument, and the purport of the whole argument.

6. The classification number 6102 of physical disability shall be determined as Grade 4 of the disability rating for persons who have the highest functional disorder in spine, and Article 8-3 [Attachment Table 4] of the Enforcement Rule of the same Act.

6. Physical handicap.

(a) According to the degree of injury, a person who has the highest functional disorder in spine is a person whose flabal and plebale movement is less than 1/2 of the normal exercise range, or who is fixed in spine so as to be flabal inverte sof as to be less than 1/2 of the normal exercise range;

However, the plaintiff shows more than 1/2 of the positive movement scope in a state where the plaintiff is in a state of ex post facto transit, falling short of 3-4 to 5 pages - 1 to 1,000.

Therefore, the plaintiff constitutes at least Grade 4 of the disability rating in accordance with the above criteria.

The instant disposition is unlawful on a different premise.

Attached hereto to the relevant statutes.

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