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(영문) 수원지방법원 2017.01.11 2016구단6683

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 May 10, 1989, the Plaintiff entered the Navy and was discharged from military service on February 10, 1992.

B. On November 17, 1989, when the Plaintiff was serving in the military, applied for registration of a person of distinguished service to the Defendant on May 18, 2015 (hereinafter “the instant case”) on the following grounds: (a) on November 17, 1989, the Plaintiff was under the diagnosis of “an accident involving the pressure of the number of units between the Plaintiff and the high speed (LCM)” (hereinafter “instant accident”); and (b) applied for registration of a person of distinguished service to the Defendant on May 18, 2015; and (c) on July 20, 2015, the Defendant rendered a decision on the relevant requirements for a person of distinguished service to the State by recognizing the above difference to the Plaintiff as a wound.

C. Accordingly, on September 3, 2015, the Plaintiff conducted a new physical examination for the above recognized family points at the Central Veterans Hospital, but was determined as “less the grade criteria” following the deliberation and resolution of the Board of Patriots and Veterans Entitlement, and on this ground, the Defendant notified the Plaintiff on December 31, 2015 of the decision pertaining to non-competent persons who have rendered distinguished services to the State.

(hereinafter “instant disposition”) D.

Meanwhile, on the other hand, the Plaintiff applied for a physical reexamination on February 26, 2016, but on March 30, 2016, the result of the physical reexamination conducted by the Central Veterans Hospital was determined as “less the grade standard”.

[Ground of recognition] No dispute, Gap 4, Gap 6 through 10, Eul 1 through 3, Eul 8 and 9, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the accident of this case suffered not only the opening of the upper half of the 4th left part of the aggregate of the No.4, but also the damage of the parts' neys. In light of the plaintiff's present status and the criteria for disability rating under relevant Acts and subordinate statutes, medical records at the time of the accident, the opinion of the doctor's opinion at the time of the accident, etc., the plaintiff's disability rating constitutes 7, 7311 or 7, 7313 or 7, 415.

나. 관계 법령 ◆ 국가유공자 등 예우 및 지원에 관한 법률 제4조 적용...