추가 상이등급 불인정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On December 20, 1976, the Plaintiff entered the Army and was discharged from military service on September 13, 1979. On April 15, 2008, the Plaintiff filed an application for registration of a person of distinguished service to the State with respect to a person of distinguished service, alleging that he/she was injured by an accident falling under the following subparagraphs of his/her speech and morality (hereinafter “instant accident”) while performing counter-espionage operations at the 7th Public Offering Group in the Army, while serving as a military service in the Army on April 15, 2008.
Accordingly, on August 11, 2008, the Defendant decided that the Plaintiff’s “Nuclear Escape Card No. 6-7” constituted a soldier or policeman on duty under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act”) and determined that the Defendant did not meet the criteria for disability ratings as a result of a new physical examination conducted on August 26, 2008, but determined that the Defendant fell under class 7 of the disability rating as a result of the physical examination conducted on July 6, 2010.
On January 11, 2016, the Plaintiff filed an application for additional recognition of injury with the Defendant on the following grounds: (a) on August 3, 2016, the Defendant rendered a disposition rejecting the additional recognition of injury of the instant case on the ground that the instant injury did not constitute a soldier or policeman under the Act on the Support for Persons Eligible for Veteraning for Veteran’s Compensation (hereinafter “the Act”), but did not constitute a soldier or policeman under the Act on the Support for Persons Eligible for Veteran’s Compensation, on the ground that it is difficult to deem that the instant injury directly caused the military performance, etc., and that the military performance, etc. was performed for about 30 years after discharge without confirming the details of specific medical treatment in light of the relevant fact-finding certificate, etc. related to the beds and requirements; and (b) thus, the instant injury was not directly caused by a soldier or policeman under the Act on the Support for Persons Eligible for Veteran’s Compensation, etc. for Meritorious’s Compensation (hereinafter “instant disposition”).
[Based on recognition] Gap evidence No. 1, Eul.