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(영문) 창원지방법원 2020.11.25 2019구단12839
상이등급결정취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

On May 10, 206, the Plaintiff entered the Army, and was discharged from military service on July 5, 2017, 201 after obtaining a major confirmation on June 13, 2017, from military service on the part of the Plaintiff, from military service on the part of the left-hand spans in the relevant brigade.

On September 26, 2017, the Plaintiff issued an application for registration of a person who rendered distinguished service to the State or a person eligible for veteran's compensation on the ground of the instant difference, and the Defendant rendered a decision that the Plaintiff constitutes a person eligible for veteran

On January 30, 2018, the Defendant rendered a decision on the eligibility for veteran’s compensation on the ground that the Plaintiff’s physical examination results fall short of the criteria for rating (class I through VII). After the reexamination, the Plaintiff received a re-examination but the Defendant decided on July 2, 2018 that the criteria for rating were not satisfied. On April 19, 2019, the Defendant filed a re-verification physical examination by the Plaintiff, but the Defendant did not meet the criteria for rating on the ground that there was no opinion on disability that the Plaintiff falls under the criteria for rating (hereinafter “instant disposition”).

The plaintiff appealed against this and filed an administrative appeal, but the decision to dismiss it was made on August 27, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4 (including each number), and the plaintiff's assertion as to the legitimacy of the overall disposition of the pleadings as to whether the disposition of the whole pleadings is legitimate, the plaintiff continued to undergo a scambling certificate due to the instant wounds, and it was diagnosed that the scambling change was observed around October 2017, and the different case of this case constitutes "the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State" (amended by Ordinance No. 1624, Jun. 23, 2020; hereinafter the same shall apply) of the Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Ordinance of the Prime Minister No. 1624, Jun. 23, 2020; hereinafter the same shall apply) 8.

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