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(영문) 광주지방법원 2017.04.27 2016구단11219
국가유공자 상이등급기준 미달처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On January 20, 2009, the Plaintiff entered the Gun and was discharged from military service on November 26, 2010, and was notified by the Defendant on August 2015, 2015 of the requirement for a person who rendered distinguished services to the State, which was subject to administrative litigation (Seoul High Court No. 2014Nu13 and Supreme Court No. 2015Du738).

B. On March 11, 2016, the Defendant rendered a judgment below the grade criteria (hereinafter “instant disposition”) on the ground that the Plaintiff was not aware of the re-explosion, after conducting a physical examination of the instant wounds.

[Ground of recognition] The fact that there is no dispute, entry of Gap's evidence No. 8 through 16, purport of whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion from August 24, 2011 to the same year

9. Until October 201, the instant disposition, which was judged to fall short of the grading criteria under the different premise, is unlawful, even if the Plaintiff’s degree of disability falls under class 4, 111 through 415 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act on the Honorable Treatment and Support of Persons, etc.”) Article 14 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, although it falls under any of class 4, 411 through 7, 415 of the disability rating table, although the Plaintiff did not completely recover from the instant injury even though he did not completely recover from the operation and hospitalized treatment.

B. Article 6-4 of the Act on Persons of Distinguished Services to the State provides that the disability ratings of persons who have rendered distinguished services to the State shall be classified into Grades I through VII under the conditions as prescribed by the Presidential Decree, and Article 6-3 provides that matters necessary for the classification and determination of the disability ratings shall

Article 14(3) of the Enforcement Decree of the Act on Persons of Distinguished Services to the State delegated by the said Act provides that the classification of disability ratings depending on the degree of physical disability shall be as specified in attached Table 3, and Article 14(2) of the Enforcement Decree of the said Act

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