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(영문) 대구지방법원 2018.12.07 2017구단11478
국가유공자등록거부처분 취소 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The plaintiff was admitted to the Navy on June 9, 1999 and was discharged from active service on August 8, 2001.

B. On October 4, 2004, the Plaintiff received a diagnosis of injury during the training on June 2000, when serving as the assistant instructors of the Education and Training Team, and applied for registration of persons who have rendered distinguished services to the State. On January 13, 2005, the Plaintiff determined that the Defendant constituted the requirements for persons who have rendered distinguished services to the State (hereinafter “existing decision”). However, on the grounds that the result of the physical examination falls short of the grading criteria, the Plaintiff received notification of non-persons who have rendered distinguished services to the State on April 30, 2005.

Since then, in a physical examination for reexamination, the person was judged below the grade standards and was notified of the decision on the person who rendered distinguished service to the State on August 4, 2005.

C. On July 5, 2016, the Plaintiff filed an application for a physical examination for re-verification with the Defendant. The Defendant notified the Plaintiff on November 10, 2016, following deliberation and resolution by the Board of Patriots and Veterans Entitlement pursuant to Article 2 of the Addenda (No. 2385, Jun. 27, 2012) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on Persons, etc. of Distinguished Services to the State”), that “4-5 percents, five percents-1,00 (hereinafter “the First Award”) constituted a soldier or policeman on duty under the Act on the Support of Persons, etc. of Distinguished Services to the State, but falls under the requirements prescribed in the Act on Persons, etc. of Distinguished Services to the State (hereinafter “the Act on Persons, etc. of Distinguished Services to the State”). However, the Defendant notified the Plaintiff of the result of the physical examination that “the escape certificate of the de-verification (hereinafter “instant No. 2”).”

The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on July 18, 2017.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 7, 9, 10, .

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