국가유공자 법적용 비해당결정처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On December 3, 2001, the Plaintiff entered the riot police units as of December 3, 2001, and was discharged from office on January 19, 2004.
B. On April 26, 2016, the Plaintiff was determined by the Defendant to have recognized the non-alleys (non-autination of non-autites) (hereinafter “the instant wounds”) and thereby meeting the requirements for “abscoponing in the line of duty” under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act”).
C. However, on December 27, 2016, the Defendant rendered a disposition that the degree of the instant wound does not meet the disability rating standard (hereinafter “instant disposition”).
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 5 and 6, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion constitutes a person who has lost at least 30 percent of external coaches and thereby has a pulmonary disorder (attached Table 3 of the Enforcement Decree of the Act on the Persons of Distinguished Services to the State [Attachment Table 7] of the Enforcement Decree of the Act on the Persons of Distinguished Services to the State, and a person who has a scarcity in the outer mother (attached Table 3] of the Enforcement Decree of the Act on the Persons of Distinguished Services to the State and who has a scar
Therefore, the instant disposition issued on a different premise should be revoked as it is unlawful.
(b) Entry in the attached Form of relevant statutes;
C. According to Article 14(3) [Attachment 3] of the Enforcement Decree of the Act on Persons of Distinguished Services to the State, which set the criteria for disability ratings depending on the degree of physical disability as delegated by Article 6-4(3) of the Act on Persons of Distinguished Services to the State, under the classification table of disability ratings (hereinafter “the classification table of disability ratings” in this case), a person who has lost at least 30 percent of external coins, thereby suffering from respiratory disorder, falls under Grade 7, Grade 2034, 2034, 200, 3108, or 3108.
On the other hand, the determination of disability ratings by physical parts of Article 8-3 [Attachment 4] of the Enforcement Rule of the Act on Persons of Distinguished Services to the State shall be related to “persons who have suffered loss