beta
(영문) 대구지방법원 2015.10.23 2014구단11279

보훈보상대상자 비대상 결정처분 취소청구

Text

1. On June 17, 2014, the Defendant’s disposition of non-eligible persons for veteran’s compensation against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On July 15, 2005, the Plaintiff entered the Army and was discharged from military service at the 15th sergeant, and was discharged from military service on July 14, 2012.

B. On April 17, 2007, the Plaintiff, while serving in the military, was diagnosed as “the left kneee in the time of combat sports at one’s own seat,” and was diagnosed as “the left knee in the front slele in the front slele, the front slele in the front slelele, and the outer half sle in the anti-

C. On November 29, 2012, the Plaintiff filed an application for registration with the Defendant to rendered distinguished services to the State. On March 26, 2013, the Defendant recognized that the Defendant constituted a person eligible for veteran’s compensation (hereinafter “the instant wounds”).

After that, on May 28, 2013, the Plaintiff was subject to a new physical examination, but was determined below the grade criteria, and thereafter, the Plaintiff was determined to be in short of the grade criteria even after the physical examination was conducted on April 25, 2014. Accordingly, on June 17, 2014, the Defendant issued a decision on the eligibility of persons eligible for veteran’s compensation (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is unlawful in the disposition of this case based on the premise that the plaintiff's disability of this case falls under class 7-8122 of disability rating, since the left-hand slots currently remain more than 10 meters in front of the right-hand slots, and thus falls under class 7-8122 of disability rating.

(b) as shown in the attached Form of the relevant statutes;

C. In full view of the statement Nos. 2 and 3 of the judgment of the Plaintiff, and the purport of the entire argument as a result of physical examination by the head of the Daegu University Hospital, the Plaintiff’s doctor’s negligence (outstanding of the Central University Hospital) is that the Plaintiff’s left-hand sludge remains at least 10 meters, compared to the right-hand side.