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(영문) 서울행정법원 2014.12.03 2014구단51336

국가유공자요건비해당결정취소

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 December 3, 1996, the Plaintiff entered the Army and received treatment at a military hospital on February 10, 1998 while serving in the Army, and was discharged from military service on April 2, 1998.

B. On October 31, 2007 and November 22, 2011, the Plaintiff applied for registration of a person who rendered distinguished services to the State for the registration of “scam escape certificate L4-5, L5-S1” (hereinafter “instant wounds”) to the Defendant on the ground that he/she received Taekwondo training while serving in the military, and the symptoms have deteriorated after shooting training. However, on the other hand, the Plaintiff was recognized as a person of distinguished services to the State on the ground that he/she failed to meet the “grade standards” in the physical examination for disability rating classification.

C. On November 9, 2012, the Plaintiff again rendered an application for registration of persons who have rendered distinguished services to the State to the Defendant for registration.

The Defendant did not meet the requirements of the former part of Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State”). The Defendant conducted a physical examination on February 26, 2013 according to the deliberation of the Board of Patriots and Veterans Entitlement that it falls under the requirements of the former part of Article 2(1)2 of the Act on Support for Persons of Distinguished Services to the State (hereinafter “Act on Persons of Distinguished Services to the State”). On May 15, 2013, the Defendant determined that the instant injury fell short of the standards.

On October 1, 2013, the Plaintiff applied for registration to the Defendant again, and the Defendant determined on January 10, 2014 that the instant wound does not meet the requirements of the former part of Article 4(1)6 of the Act on Persons of Distinguished Services to the State, and that it is recognized as meeting the requirements of the former part of Article 2(1)2 of the Act on Persons of Distinguished Services to the State, according to the deliberation and resolution of the Board of Patriots and Veterans Entitlement, the Plaintiff determined that it constitutes the requirements of persons of distinguished services to the State and the requirements

(hereinafter “instant disposition”). 【The ground for recognition” did not have any dispute, entry of Gap 1, 2, and 3 evidence, and the purport of the entire pleadings.