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(영문) 의정부지방법원 2015.03.16 2014구단1442

보훈보상대상자 비해당 결정 처분 취소

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 July 30, 2013, the Plaintiff filed an application for registration with the Defendant for distinguished services to the State.

B. On February 13, 2014, following a resolution of the Board of Patriots and Veterans Entitlement, the Defendant did not meet the requirements of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act on Persons of Distinguished Services to the State”), but determined and notified the Plaintiff as meeting the requirements under the former part of Article 2(1)2 of the Act on Support for Persons of Distinguished Services to the State (hereinafter “the Act on Persons of Distinguished Services to the State”).

C. On May 20, 2014, the Plaintiff received a new physical examination. Since then, the Defendant decided on May 20, 2014 that the Plaintiff did not meet the standards for rating as a result of the physical examination and notified the Plaintiff as an ineligible person.

(hereinafter “Disposition in this case”). [Grounds for recognition] No dispute, Gap’s evidence Nos. 1, 2, and Eul’s evidence Nos. 1 through 4, and the whole purport of oral argument

2. Whether the disposition is lawful;

A. The plaintiff alleged that the plaintiff measured the degree of wounds of the wound of this case and measured the degree of wounds of this case, and it was measured that the instability of the right knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kn

(b)be as indicated in the relevant Acts and subordinate statutes;

C. In order for the Plaintiff’s instant disability to fall under Article 8 of the Enforcement Decree of the Patriots and Veterans Compensation Act, Article 14 [Attachment 3] and Article 14-3 of the Enforcement Decree of the Act on Persons of Distinguished Service to the State to fall under class 7 8112 of the Enforcement Decree of the Act on Persons of Distinguished Service to the State and Article 8-3 and [Attachment 4] 8-A of the Enforcement Rule of the Act on Persons of Distinguished Service to the State, the Plaintiff’s disability in this case is limited to not less than 1/4 of the exerciseable area of kne-cone, or (2) the safety due to damage to kne-cos, despite appropriate treatment, is not less