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(영문) 대구지방법원 2019.09.27 2018구단2334
보훈대상자비대상결정처분취소
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 March 22, 2001, the Plaintiff entered the Army and discharged from military service on December 26, 2002, and on August 25, 2008, "the status of nuclear escape (L4-5, L5-S1) to the Defendant under the condition after he was discharged from military service on December 25, 2002" is "the difference in the case."

(2) On December 18, 2012, the Plaintiff filed an application for registration of a person who has rendered distinguished service to the State for registration, and received a determination below the grading standards in a physical examination for disability ratings on February 6, 2009 and February 26, 2012. (2) On May 9, 2013, the Plaintiff filed an application for registration for re-verification of persons who have rendered distinguished service to the State (persons eligible for veteran’s compensation). On May 9, 2013, the Plaintiff received a physical examination by meeting the requirements for the persons eligible for veteran’s compensation (persons eligible for veteran’s compensation for disaster injury, but was determined to fall short of the grading standards on August 21, 2013.

C. On August 30, 2017, the Plaintiff filed an application for a re-verification physical examination with the Defendant. On November 19, 2018, the Defendant rendered the Plaintiff a notice of determination of eligibility for veteran’s compensation on the grounds that the Plaintiff failed to meet the grading standards according to the review result of the Board of Patriots and Veterans Entitlement (hereinafter “instant disposition”).

[The facts that there is no dispute over the basis for recognition, Gap evidence No. 3, Eul evidence Nos. 1 and 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. Although the Plaintiff’s assertion entered the 1st degree in active duty without any health problem, the disease on the injured part of the instant case occurred due to excessive military performance of duties, and the symptoms aggravation in the course of preparing for about 400 meals during the military service due to cooking illness, which led to the aggravation of symptoms in the course of preparing for each day at the National Armed Forces Water Service Hospital on October 17, 2002, the Plaintiff received L3-4, L4-5, L5-S1 after the 1st degree in active duty, and then was able to raise the objection, and even after the climatic surgery was continued after the climatic surgery, it was impeded daily life due to the instant wounds.

Therefore, the Plaintiff’s disability rating falls under at least Grade 7 6109, and it was conducted on a different premise.

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