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(영문) 서울행정법원 2016.08.26 2016구단51279
국가유공자요건비해당결정취소
Text

1. On November 3, 2015, the Defendant’s decision that the Plaintiff was not eligible for veteran’s compensation is revoked.

2...

Reasons

1. Details of the disposition;

A. The plaintiff entered the Army on March 30, 1993 and was discharged from military service on June 1, 1995.

B. On May 15, 1994, the Plaintiff filed an application for registration with the Defendant to the effect that he/she was engaged in painting operations at the military unit, while making up for the registration of a person who has rendered distinguished services to the State, who was away from the working unit, and suffered from the left-hand slots, the left-hand slots, and from the outer half-yearly depression (hereinafter “the instant wounds”). Around June 10, 2015, the Defendant decided that the Plaintiff satisfies the requirements for eligibility for veteran’s compensation.

C. On November 3, 2015, the Defendant decided on November 3, 2015 that the instant wound fell short of the disability rating standards.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a person who has sustained severe pains on the left-hand knee, and thus, constitutes “a person whose change after credit due to damage to a fele-ray clearly shows easia in the examination of X-ray shooting, etc. despite appropriate treatment.”

Nevertheless, the Defendant’s disposition that issued based on the determination that the instant difference does not meet the criteria for disability ratings is unlawful.

(b) The Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State [Attached Table 3];

8. Of the three sections of the 3rd sections of the bridge 7-7-8, 8122 above the surface of the bridge and the sloping disability disability rating classification number of the bridge, a person who has a serious disorder in the galking of the 8205 bridge and who has lost the galking and above the gals of the bridge 8307, a person who has lost the galking and above the gals of all the gals except for the galking of the 8308 proposal, and who has lost the galking and above the 8309 proposal. The Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State is a person who has lost the galsing function, including the galking of the gals of the 8309 proposal.

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