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(영문) 광주지방법원 2018.11.15 2018구단10128

국가유공자(공상군경)등록거부처분취소의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On February 22, 2016, the Plaintiff entered the Army and discharged from active service as a wounded soldier on July 21, 2017. On March 28, 2017, in the military service, the Plaintiff received an application for registration by suffering a shoulder injury and received an application for registration, and was recognized as a difference in the requirements for persons who rendered distinguished services to the State (hereinafter “instant wounds”).

B. However, in the disability rating deliberation on December 4, 2017, 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.”) is applicable.

() A decision was made as not to fall under a disability rating under attached Table 3 under Article 14(3) of the Enforcement Decree. On December 15, 2017, the Defendant notified the State of Distinguished Services to the State of the same purport (hereinafter referred to as the “decision on non-performance of the State’s official duties”) of the instant disposition.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion that during the military training, the plaintiff suffered from the injury of this case due to falling on the ridge line near the training place and falling on the 8m height of the training place and suffered from the injury of this case, and was under rehabilitation treatment after receiving the scambling, but there still remains physical restrictions on the left part of the fishing part so far, and therefore, the attached Table of the Enforcement Decree of the Act on Persons of Distinguished Services to the State

3. Although it constitutes Grade 7 (persons who have disabilities in light of the latitude among the three parts of one part of one part of the three parts of one part), it is unlawful for the Defendant to consider that it falls short of the disability rating criteria and to take the instant disposition.

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

C. Determination 1) The Plaintiff is liable to prove that the degree of physical disability caused by the injury incurred in performing official duties constitutes higher than that prescribed by law (see Supreme Court Decision 2011Du26589, Aug. 22, 2013).