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(영문) 수원지방법원 2016.05.04 2015구단2707
국가유공자등록거부처분취소
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 January 31, 2004, the Plaintiff was discharged from active service on January 30, 2008, while serving as an extraordinary or noncommissioned officer at the Army, and was discharged from active service on January 30, 2008.

B. On February 29, 2008, the Plaintiff: (a) felled into the floor during the Jeju-do tactical training conducted to the Defendant on October 2007; (b) applied for registration of a person who rendered distinguished services to the State; and (c) applied for registration of a person who rendered distinguished services to the State on the ground that the Plaintiff’s injury fell under the requirements of soldier or policeman on duty; and (d) took two physical examinations to divide the disability rating against the Plaintiff, but was determined to fall short of the grade criteria.

C. On April 21, 2014, the Plaintiff: (a) around April 21, 2014, the Defendant had been awarded a right knee, while going beyond the Dok-gun’s Dok-do around April 2007; and (b) incurred an injury to the left-hand knee while conducting the external cable training around October 2007; and (c) again applied for registration to the Plaintiff under the name of the diagnosis of “mane kne-man, the left-hand sknee-man, the left-hand skne-man, the upper-hand sle-man (hereinafter “instant wound”); and (d) the Defendant recognized the Plaintiff’s above wounds as a soldier or policeman on duty; (c) recognized the Plaintiff as a soldier or policeman on duty; (d) conducted a physical examination on June 29, 2015 on the ground that it also fell short of the grade criteria.

[Ground of recognition] No dispute, Gap evidence 1, 7, Eul evidence 1 to 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that 10 years have passed since the wound of this case, both sides of the slots are remaining, and the stairs are faced with considerable difficulties, and thus, the plaintiff should be judged by grade 6, grade 2, 819 or class 7, grade 8122 (a person who has a function disorder in the Gyeongdo).

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