상이등급기준미달처분취소
1. The Defendant’s disposition that fell short of the disability rating standard that the Plaintiff rendered on March 5, 2015 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On May 31, 201, the Plaintiff (BB and male) entered the Army and served in the 30 Team 91 Team 52 Team. On September 13, 2012, on September 16, 2012, the Plaintiff (hereinafter “instant accident”). Around 16:00, the Plaintiff was faced with the other players during the 30 Team 91 Team 52 Team.
On September 14, 2012, the Plaintiff received medical treatment from the Armed Forces C Hospital at Ulsan-si Hospital at the time of the instant accident, and then was discharged on February 28, 2013 from the hospital located in Ulsan-si (hereinafter “the instant wound”). “The hospital at C Hospital at C Hospital on September 25, 2012,” the Plaintiff was diagnosed as “the instant wound,” and was discharged from military service on February 28, 2013.
B. On August 19, 2014, the Plaintiff filed an application for registration of a person who has rendered distinguished service to the Defendant on the ground that the Plaintiff sustained the instant accident. On December 8, 2014, the Defendant notified the Plaintiff of the relevant eligibility for veteran’s compensation on the ground that the Plaintiff did not constitute a soldier or policeman on duty or education and training under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, on the ground that it cannot be deemed that it was directly related to the security of the State’s defense, etc., and thus, did not constitute a soldier or policeman on duty under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State. However, during the sports games held to boost morale under the command, control, and management of the commander of the unit to which he/she belongs, and thus, fell under the requirements for soldier’s compensation.
C. On January 6, 2015, the Defendant conducted a new physical examination on the Plaintiff’s disability rating (hereinafter “the instant physical examination”) on the following grounds: “The Plaintiff on March 5, 2015,” and “the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, who sustained the instant disability, is below the Enforcement Decree.”