상이등급결정취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. The Plaintiff entered the Army on September 7, 1998 and was discharged from military service on June 8, 1999.
B. The Plaintiff was recognized as a person eligible for veteran’s compensation (the injury of this case) with regard to L4-5 (the condition after the automated spaming of a signboard) (hereinafter “the injury of this case”).
C. On September 2, 2019, the Defendant conducted a physical examination to determine the disability rating for the Plaintiff, and on the ground that “In full view of the relevant data and the results of the physical examination conducted by a medical specialist in the relevant specialized department and the results of the veterans examination conference, the Defendant rendered a determination that the Plaintiff was not eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that “the instant case does not meet the disability rating criteria under the attached Table 3 of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State.”
The Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on January 21, 2020.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 4, the purport of the whole pleading
2. Whether the instant disposition is lawful
A. The plaintiff's assertion shows that there was a scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopics
Therefore, the instant disposition against the Plaintiff on the ground that the Defendant falls short of the disability rating criteria should be revoked as it is unlawful.
B. 1) Determination 1) Whether a person who rendered distinguished services to the State or a person eligible for veteran’s compensation incurred wounds due to performance of official duties, or that the degree of physical disability therefrom constitutes at least the grade prescribed by statutes is liable to prove the applicant’s eligibility (see, e.g., Supreme Court Decision 2011Du26589, Aug. 22, 2013). Meanwhile, the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter
Article 14 (3) of the Enforcement Decree.