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(영문) 대전지방법원 2015.05.29 2014구단100469

국가유공자등록 거부처분 취소청구

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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. The Plaintiff was born and served as the Army Noncommissioned Officers on February 20, 2009, and was discharged on October 31, 2012.

B. On March 28, 2013, the Plaintiff filed an application for registration with the Defendant for distinguished service to the State.

C. On August 13, 2013, after deliberation and resolution by the Board of Patriots and Veterans Entitlement, the Defendant rendered a decision to partially recognize the requirements of soldiers and police officers on the grounds that the Plaintiff failed to meet the rating criteria of persons who have rendered distinguished services to the State (hereinafter “instant disposition”). On April 30, 2014, the Defendant issued a decision to reject the registration of persons and police officers of distinguished services to the State (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion falls under the category 7 of the disability rating because “a person whose indeption caused by damage to the public, despite appropriate treatment, is not less than 10 meters,” or “a person whose change after credit due to damage to the public, despite appropriate treatment, clearly appears in the examination, such as X-ray shooting.”

Therefore, the instant disposition is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. 1) The Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, which applies to the instant disposition (hereinafter “the Act”).

Article 14(3) and attached Table 3 of the Enforcement Decree of the Act classifys “persons with disabilities in light of the Do’s Do’s Do’s Do’s Do’s Do’s Do’s Do’s Do’s Do’s 7th 8122 among the three major sections of one bridge.” Article 8-3 and attached Table 4 of the Enforcement Rule of the Act on Persons of Distinguished Service to the State, “persons with restricted area of 1/4 or more of the Do’s Do’s Do’s Do’s Do’s Do’s 7th 8122 of the Act on Persons of Distinguished Service to the State,” “persons with limited area of Do’s Do’s g