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(영문) 인천지방법원 2018.06.26 2016구단50959

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 April 16, 2013, the Plaintiff entered the Army and was discharged from military service on January 15, 2015 (the sick site). On January 28, 2014, the Plaintiff filed an application for registration of a person of distinguished service to the Republic of Korea on January 19, 2015, asserting that the Plaintiff was discharged from military service with the maturity of January 15, 2015, and that the Plaintiff moved 200 litres from the truck on January 28, 2014 to oil and was discharged from military service. The Plaintiff was recognized as a soldier or policeman on military service as “a person of distinguished service who was discharged from military service with the escape of an absaton part of the 1 balance of the 1st century, accompanied by an an abson part of the drum and the drum.”

B. However, as a result of the physical examination conducted by the Plaintiff, it was determined that the Plaintiff fell short of the grading standard, and the Defendant rendered a disposition below the grading standard (hereinafter “instant disposition”) on May 17, 2016 to the Plaintiff.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 4, and Eul evidence 1 to 4

2. Whether the disposition is lawful;

(a) A disability rating table in the relevant Acts and subordinate statutes [Attachment 3] (related to Article 14 (3) of the Enforcement Decree of the Act on Persons of Distinguished

7. Determination of a disability rating by physical part of a person who loses the function of two fingers, excluding the fingers and second fingers of 7313 on the body of the person who loses the function of the fingers or second fingers of 7th degree 7th degree 7,312 on the body of the deceased and the deceased (related to Article 8-3 of the Enforcement Rule of the Act on the Persons of Distinguished Services to the State) (limited to Article 8-3 of the Enforcement Rule of the Act on the Persons of Distinguished Services to the State);

7. Obstruction of arms and fingers;

(a) A person who has lost his/her fingers or higher in the degree of his/her disability rating and the degree of his/her disability rating specified in attached Table 3 of the Decree, and who has lost his/her fingers or higher in the degree of his/her disability rating and the degree of his/her disability in the classification number, and who has lost his/her fingers or higher in the degree of his/her disability in the case of his/her fingers or higher in the case of his/her fingers falling under Grade 6, Grade 1, Grade 7301, Grade 6, Grade 7301, Grade 6 (1), Grade 6 (1), Grade 7302, Grade 6 (2), Grade 7302, Grade 6 (2), Grade 7302, Grade 6 (2), Grade 7304, Grade 6 (3), Grade 7309, Grade 7310, or 7313 of the fingers or higher in the case of his/her fingers;

B. The plaintiff's left-hand side of the issue of this case.