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(영문) 광주지방법원 2018.11.22 2017구단1233
보훈보상대상자(재해부상군경) 비대상 결정처분취소
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 October 9, 2001, while serving in the Army on the Army on the part of October 9, 2001, the Plaintiff sustained the injury of the “refluent fever and the infertility in the future” (hereinafter “the instant injury”).

B. On February 20, 2017, the Plaintiff determined that the instant wounds meet the requirements for persons eligible for veteran’s compensation under the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “the Veterans’ Compensation Act”), but was determined below the criteria for classification of disability ratings, and filed an application for registration to the effect that the Plaintiff applied for a physical examination for reexamination for re-verification on February 20, 2017.

C. On March 8, 2017, the Plaintiff received the physical examination of the Gwangju Veterans Hospital. On May 17, 2017, the Defendant determined that the physical degree of the Plaintiff’s body falls short of the disability rating criteria under attached Table 3 of the Enforcement Decree 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”), according to the results of the deliberation of the Board of Patriots and Veterans Entitlement, the Plaintiff determined that the person eligible

(hereinafter referred to as the "disposition of this case"). 【No dispute exists, entry of Gap evidence Nos. 1, 2, and 5, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff’s assertion constituted class 7 of disability rating under the Enforcement Decree of the Act on Persons of Distinguished Services to the State, since there was a decrease in the gap between the two parties, and there was a limitation on the scope of movement in the Do, since there was a decrease in the gap between the two parties, and there was a limitation on the range of movement in the Do, it constitutes class 7 of disability rating under the disability rating table in [Attachment 3] of the Enforcement Decree of the Act on Persons of Distinguished Services to the State

(b) The attached Form of relevant statutes is as follows.

(c) Determination 1) Persons who have rendered distinguished services to the State or military police officers and police officers (military personnel or police officers and police officers who are not directly related to national defense and security or to the protection of people's lives and property.

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