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(영문) 광주고등법원 2017.04.20 2016누3269

보훈보상대상자등급기준미달처분 취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On May 22, 2007, the Plaintiff entered the Army and was discharged from the military service on April 26, 2009 as a sergeant.

B. On June 30, 2014, the Plaintiff filed an application for registration with the Defendant on the ground that “knee, knee, knee, knee, who had been a part of a combat sports, was fright while playing a farming district as a part of a combat sports, and was diagnosed by an internal half-monthly mar on November 10, 2008 and December 3, 2008 after receiving out-of-the-counter mar treatment at the Armed Forces Hospital, and was diagnosed by an internal half-month mar on December 18, 208.”

C. On October 6, 2014, the Defendant: (a) is deemed to have a proximate causal relation with the Plaintiff’s performance of duties or education and training; (b) does not fall under the requirements for persons of distinguished service to the State under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act on the Honorable Treatment and Support of Persons of Distinguished Service to the State”), but did not fall under the requirements for persons of distinguished service to the State (hereinafter “the Act on the Honorable Treatment and Support of Persons of Distinguished Service to the State”); and (c) notified the Plaintiff that he/she falls under the requirements for persons eligible for veteran’s compensation (hereinafter “the Act on the Honorable Treatment and Support of Persons of Distinguished Service to the State”) under Article 2(1)2 of the Act on the Support for Persons of Distinguished Service to the State (hereinafter “the Act”).

As a result of the physical examination of the Plaintiff on November 27, 2014 and the review of the injury judgment of the Board of Patriots and Veterans Entitlement, the Defendant notified the Plaintiff that the instant wound falls short of the criteria for disability rating.

[Reasons for Recognition] . [In the absence of dispute, Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 to 8 (if any, including a number; hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is different from the case in the military service.