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(영문) 인천지방법원 2016.11.30 2016구단50188
보훈보상대상자 비해당 결정 처분 취소
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;

가. 원고는 2014. 2. 24. 입대하여 2014. 6. 27. 전투체육시간에 축구를 하다가 우측 무릎이 꺽이는 사고를 당하였고, 2014. 7. 31. B병원에서 전방십자인대 재건술 및 반월상연골봉합술을 시행받은 후 2014. 9. 16. 의병 전역하였다.

B. On October 30, 2014, the Plaintiff filed an application with the Defendant for registration of a person who has rendered distinguished service to the State by applying for the difference in the “Sstong-man (Stong-man (Stong-man)” (hereinafter “instant difference”). On October 5, 2015, the Plaintiff was recognized that the Defendant’s application for registration of a person who has rendered distinguished service to the State falls under the requirements for “disaster-In-Counter-man” as prescribed by Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “Persons Eligible for Veteran’s Compensation Act”).

C. However, on November 4, 2015, based on the results of the physical examination conducted by the Central Veterans Hospital, the Defendant rendered a disposition that the Plaintiff falls short of the grading standards for the instant wounds (hereinafter “instant disposition”) on January 15, 2016, following deliberation and resolution by the Board of Patriots and Veterans.

On the other hand, the plaintiff, while carrying heavy objects on February 26, 2016, had knee knee knee knee knee knee, and had knee knee knee knee knee knee kne

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4 (including branch numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. At the time of physical examination on November 4, 2015, the Plaintiff asserted that: (a) at the time of receiving the physical examination on November 4, 2015, the physical exercise area of the tolerance was limited to at least 1/4; and (b) the Plaintiff fell under class VII, and thus, the disability rating criteria was at least seven

The instant disposition, which rendered a judgment below the grade criteria on different premise, is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. 1) The diagnosis name of the Plaintiff’s main doctor (the Central University Hospital on March 28, 2016: the diagnosis name of the Central University Hospital on March 28, 2016): the opinion of satise, the uppermost.

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