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(영문) 수원지방법원 2018.08.10 2018구단6229

국가유공자요건비해당결정취소

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1. The Defendant’s disposition that rendered against the Plaintiff on September 27, 2017 pertaining to non-existence of a person of distinguished service to the State shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. The Plaintiff entered the Army on July 24, 200, and was discharged from active service on September 23, 2002. On July 12, 2013, 2013, the Plaintiff stated that “I, around April 1, 2001, suffer from an injury that is likely to be strong enough to vavadi from the stairs during the internship shift, and the second outbreak due to bad vadi was caused due to bad vadi,” and that “I, on the other hand, applied for registration of a person of distinguished service to the State.”

On January 24, 2014, the Defendant: (a) decided on January 14, 2014 as a soldier or policeman was determined to meet the requirements for soldier or policeman on duty; (b) on January 24, 2014, the 9 veterans examination council rendered a notification to the Plaintiff on the determination that the Plaintiff fell under the requirements for persons who rendered distinguished service to the State (the partial recognition of the requirements for military merit) and the requirements for persons eligible for veteran’s compensation; (c) on February 27, 2014, the Plaintiff notified the Plaintiff of the determination that the Plaintiff fell short of the standards for classification on the ground that the requirements for soldier or policeman was recognized as a soldier or policeman on duty; and (d) on April 8, 2014, the 9 veterans examination council rendered a final decision to the Plaintiff on the determination that the Plaintiff fell under the criteria for classification on disability ratings on April 2, 2014.

On June 19, 2014, the Plaintiff applied for a physical reexamination, but the Defendant notified the Plaintiff of the decision on the non-existence of a person who rendered distinguished services to the State (re-determination) on September 15, 2014 according to the details of the physical reexamination at veterans hospitals (re-determination standard) and the result of the decision of the Board of Patriots and Veterans Entitlement to the State.

B. On June 19, 2017, the Plaintiff filed an application for a physical examination for re-verification with respect to “satisfying on the outside side of the satfy and the pelfy (mathical satching and internal satisfying).” However, on August 29, 2017, the Plaintiff was determined as “less the grade criteria” as a result of the physical examination for re-verification of the National Veterans Hospital, and on September 18, 2017, decided as “the Veterans Council does not meet the grade criteria.”

Consolidatedly, the Defendant rendered distinguished services to the Plaintiff on September 27, 2017.