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(영문) 인천지방법원 2016.02.02 2015구단1257
국가유공자등급결정처분 취소
Text

1. The instant lawsuit was terminated by the Plaintiff’s death on September 14, 2015.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Details of the disposition;

A. On August 23, 2001, the Plaintiff entered the Army and discharged from military service on February 5, 2002.

B. On June 24, 2014, the Plaintiff, while serving in the military, suffered from the wounds of “verte frame (Febrate 5,6)” (hereinafter “instant wounds”), and filed an application for registration with the Defendant for distinguished service to the State.

C. On February 13, 2015, following the deliberation and resolution of the Board of Patriots and Veterans Entitlement, the Defendant recognized the injury of the instant case to be a soldier or policeman on duty and notified the Plaintiff of the determination of the disability rating as Class 7 6,109.

On June 11, 2015, the Plaintiff filed an application for a re-examination against the above grading, but the Defendant notified the Plaintiff of the instant disposition that the Plaintiff was determined as Class 7 grade 6109 of the disability rating as before, after deliberation and resolution by the Board of Patriots and Veterans Entitlement.

E. The Plaintiff, who was dissatisfied with the instant disposition, filed the instant lawsuit, but died on September 14, 2015 while the instant lawsuit was pending.

[Ground of recognition] Facts without dispute, Gap 6 through 8, Eul 1 through 4, the purport of the whole pleadings

2. The right to be registered as a person who has rendered distinguished services to the State and his/her bereaved family members under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State and to receive various benefits, such as educational benefits, is a right recognized as a person who satisfies requirements under the Act and is determined by the Minister

However, in order to promote the stabilization of livelihood and the improvement of welfare by providing honorable treatment of persons who have rendered distinguished services to the State and persons who have rendered distinguished services to the State and support for the military police officers equivalent to those who have rendered distinguished services to the State, their rights shall not be transferred or seized to others, and shall not be provided as security (Article 19), and the scope of bereaved families or families entitled to compensation, etc. shall be separately provided (Article 5).

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