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(영문) 수원지방법원 2020.02.21 2019구단7526

보훈보상대상자비해당결정처분 취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On March 19, 2007, after entering the Army Training Center, the Plaintiff was enrolled in the Army Training Center, received education of noncommissioned Officers, and was discharged from military service on June 28, 2015.

B. Thereafter, the Plaintiff asserted that “a person was diagnosed by the Maternist, a total of the leaderships due to the performance of military duties, various incidental training, etc., and received the Defendant’s application for registration of persons who rendered distinguished services to the State on August 29, 2018, and received the Defendant’s determination that the person eligible for veteran’s compensation constitutes the requirements for persons eligible for veteran’s compensation who were determined to be “a person eligible for distinguished services to the State, who was recognized as wounded by the Defendant.”

C. After that, the Plaintiff received a physical examination to determine a disability rating at the Central Veterans Hospital on September 19, 2018, but the Board of Patriots and Veterans Entitlement held on March 6, 2019 decided that the Plaintiff did not meet the criteria for a disability rating. Accordingly, on March 12, 2019, the Defendant rendered a decision on the Plaintiff’s non-conformity of a person eligible for veteran’s compensation (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion is currently that the Plaintiff is unable to walk normally due to the high right-free knee, and is living with the view to walking.

Nevertheless, the disposition of this case taken by the defendant by the plaintiff which judged that the plaintiff did not fall under the category 7 of the disability rating as well as the disability rating.

(b) The attached Form of relevant statutes is as follows.

C. According to the above relevant laws and regulations, in order for the Plaintiff to receive a disability rating at least seven levels, it is necessary for the Plaintiff to clearly indicate the evise in the inspection of X-ray, etc., where the Plaintiff’s evise is limited to at least 1/4 of the right-hand kne, and the safety due to the evise damage is at least 10m or more due to the evise damage despite appropriate treatment.