보훈보상대상자 비해당결정처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On February 9, 2004, the Plaintiff entered the Army and was discharged from military service on May 25, 2005.
B. On October 27, 2004, while serving in the military, the Plaintiff applied for registration of persons who rendered distinguished services to the State on June 1, 2005 by taking out the following as an application for the escape certificate No. 3-4 and No. 4-5 (hereinafter “the injury and disease of this case”) from the military unit’s CCTV as it was laid underground. On June 1, 2005, the Defendant notified the Plaintiff of the relevant determination on the requirements of persons who rendered distinguished services to the State.
C. However, on November 16, 2005, the Plaintiff was judged to fall short of the grade standard in a physical examination conducted by the Plaintiff, and on December 27, 2007 and on March 4, 2010, the Plaintiff was judged to fall short of the previous grade standard in a physical examination conducted by the Plaintiff.
The Plaintiff newly enacted a new Act and enforced on July 1, 2012, applied for re-registration on October 30, 2012 in accordance with the Act on Support for Persons Eligible for Veteran’s Compensation, and the Defendant notified the Plaintiff that he was eligible for veteran’s compensation.
E. On February 11, 2014, the Plaintiff applied for a re-verification physical examination on the instant wounds. On June 30, 2014, the Defendant rendered the instant disposition against the Plaintiff on the ground that the Plaintiff falls short of the standard of rating as a result of the physical examination.
[Ground of recognition] Evidence No. 1, No. 3, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. On September 26, 2013, the Plaintiff asserted that the Seoul National University Hospital was diagnosed with vertebal disability as a strong opinion due to vertebal milk, with the implementation of the 4th century removal surgery, the crypology removal surgery, the front and rear crypary crypary and hydrotension surgery. On April 25, 2014, the exercise scope of the chest crypary was reduced to between 1/5 and under 2/5 of the normal circumstances, and the Plaintiff was determined with disability ratings 6th degree 5 of vertebal disability. The Plaintiff constitutes a person who has a minor functional disorder or modified disorder in spine under class 6109 of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons of Distinguished Services to the State.