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. The Plaintiff, who was admitted to the Navy on March 19, 1961 and was discharged from military service on March 19, 1964, was a person of distinguished service registered as a soldier or policeman on duty and on March 19, 1964 as a soldier or policeman on duty and registered as a soldier or policeman on duty at Grade 7 804 as a result of a new physical examination.
B. On December 19, 2016, the Plaintiff filed an application for a re-examination on a trial basis, and on January 23, 2017, the medical specialist in charge of the physical examination conducted at the Daejeon Veterans Hospital decided that “The medical specialist in charge of the physical examination falls under class 7-804 of the disability rating and class 7-7124 of the disability rating,” and that on May 8, 2017, the Board of Patriots and Veterans Entitlement decided that “the medical specialist in charge of the physical examination falls under class 7-7124 of the disability rating” of the Plaintiff.
C. Based on this, on May 24, 2017, the Defendant: (a) stated that the Plaintiff constitutes Class 7, class 7124 of the disability rating; and (b) stated that the Defendant’s disposition of this case constitutes “the instant disposition” as the result of the physical examination determination;
[The facts that there is no dispute over the basis of recognition, Gap evidence 7, Eul evidence 1 to 3, and the purport of the whole pleadings.]
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion shows that the scope of the Plaintiff’s exercise under the shoulder section is less than 1/2 of the normal conditions, and thus, the Plaintiff’s disability rating constitutes “Class 6(2) and 7123,” and accordingly, the Defendant’s disposition of this case, which was assessed as “Class 7124,” is unlawful.
B. 1) Determination of disability ratings is based on the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment and Support of Persons, etc.”) based on the degree of disability that
The criteria for disability ratings (Article 6-4(1) of the Act on the Persons of Distinguished Services to the State), the criteria for disability ratings shall be determined by comprehensively taking into account different parts and patterns of injury, the degree of restrictions on social life, etc. (Article 6-4(2) of the Act on the Persons of Distinguished Services to the State), and necessary matters concerning the classification and determination of disability ratings shall be prescribed