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(영문) 서울행정법원 2017.06.09 2016구단57567
보훈보상대상자등록비해당결정처분취소
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 March 1, 2009, the Plaintiff entered the Army on March 1, 2009 and was discharged from military service on June 30, 2015 by subrogation.

B. On July 21, 2015, the Plaintiff filed an application for registration of persons who rendered distinguished services to the State on the ground that there was a difference between the Defendant and the Defendant in the military service on the grounds that there was an occurrence of a difference in the “accompeach nuclear escape certificate No. 4-5 in the

C. On December 3, 2015, following the deliberation and resolution of the Board of Patriots and Veterans Entitlement, the Defendant determined that the Plaintiff’s “scopical escape certificate L4-5 (Partially Imprisoned, Conscoped, Conscopic, Conscopic, Transscopic, Transscopic, Transscopic, Transscopic, Transscopic, Transscopic, Transscopic, Transscopic, and Descopic,

On January 6, 2016, the Plaintiff received a physical examination to determine a disability rating at the Central Veterans Hospital, but the Defendant notified the Plaintiff of the decision on May 26, 2016 on the ground that “the degree of the instant disability does not meet the criteria for disability rating” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 17 through 20, Eul evidence Nos. 1 through 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion falls under Grade 7 6109 of the disability rating (the person who has a minor functional disorder or modified disability in spine) due to the instant disability, but the defendant's disposition of this case judged to fall short of the grade criteria should be revoked as unlawful.

B. In light of the relevant statutes and the relevant laws and regulations, the provisions of the Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on Persons of Distinguished Services to the State”), which are the criteria for determining disability ratings by physical parts, are based on the specific re-agents prescribed in the Enforcement Decree of the Act on Persons of Distinguished Services to the State.

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