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(영문) 광주지방법원 2019.10.16 2019구단10095
보훈보상대상자 요건비해당 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;

A. On July 12, 2016, the Plaintiff entered the Army and was discharged from active service on April 11, 2018.

B. On October 5, 2017, the Plaintiff asserted that he/she was injured on kneekne in put put-in games in a military unit. On April 27, 2018, the Plaintiff filed an application for registration of persons of distinguished services to the State with the Defendant on the basis of the difference between the Defendant and the Defendant (hereinafter “the instant difference”).

C. On July 16, 2018, after deliberation by the Board of Patriots and Veterans Entitlement, the Defendant decided that the instant injury was a military person, police officer, and police officer, etc.

On August 2, 2018, the Plaintiff received a new physical examination for the determination of disability ratings at the Gwangju Veterans Hospital. On October 18, 2018, the Defendant rendered a decision on persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that the degree of physical disability caused by the instant injury falls short of the standard grade (Grade I through VII) prescribed by statutes, following the aforementioned new physical examination and deliberation and resolution by the Board of Patriots and Veterans Entitlement.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff was unable to force the right bridge due to the difference in this case, and caused considerable obstacles to the situation of the plaintiff. Considering such situation of the plaintiff, the plaintiff's assertion that the plaintiff constitutes "a person who has a function disorder in the Gyeongdo in one section among the three sections of the 7th 8122 of the 7th 8122." Thus, the other decision of this case to the purport that the disposition of this case to the contrary is unlawful and thus should be revoked.

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

C. Article 6(2) of the Act on Support for Persons Eligible for Veteran’s Compensation provides honorable treatment and support to persons who have rendered distinguished services to the State.

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