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(영문) 수원지방법원 2015.08.21 2013구단11950

보훈보상대상자 비해당 결정 처분 취소

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1. On August 6, 2013, the Defendant’s decision that the Plaintiff was not eligible for veteran’s compensation is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The plaintiff entered the Army on March 17, 1994 and was discharged from the military service on July 31, 1998.

B. In the course of the training and sports activities in the military service, the Plaintiff filed an application for registration with the State, etc. on November 20, 2012, alleging that he/she sustained an injury of “the first half of the half of the year in which he/she was injured” due to the conflict with the other party. On March 12, 2013, the Defendant rendered a decision that “the second half of the half of the year in which he/she was killed and wounded” in the process of the training and sports activities in the military service falls under the requirements of persons who have rendered distinguished services to the State and persons who have rendered distinguished services to the State, and notified the Plaintiff thereof.

C. However, as a result of the physical examination conducted on April 25, 2013 with respect to the Plaintiff, the Defendant determined that the Plaintiff fell short of the standards for classification, and rendered the instant disposition that decided that the Plaintiff was not eligible for veteran’s compensation and notified the Plaintiff thereof on August 6, 2013.

[Ground of recognition] Unsatisfy, Gap evidence 1 and 2

2. Whether the disposition is lawful;

A. The disposition of this case, which judged that the Plaintiff’s assertion of this case constituted class 7 8122, was unlawful, even though the Plaintiff’s assertion of this case constituted class 7 8122.

(b) as shown in the attached Form of the relevant statutes;

(c) Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, which applies mutatis mutandis pursuant to Article 6 of the Enforcement Rule of the Act;

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