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(영문) 광주지방법원 2017.09.14 2017구단10183
국가유공자및보훈보상대상자등록거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On August 20, 2007, the Plaintiff entered the Army and discharged the Plaintiff from active service on July 21, 2009.

B. The Plaintiff asserted that “L4-5 (hereinafter “L4-5 escape certificate”) was caused while serving as a driver while serving in the military, and upon filing an application for registration of a person who rendered distinguished service to the State, the Plaintiff was determined to satisfy the requirements for persons eligible for veteran’s compensation (disaster injury).

C. After that, the Plaintiff received a physical examination on July 6, 2016, and the Board of Patriots and Veterans Entitlement determined on November 30, 2016 as “underages” and notified the Defendant of his/her non-eligible status as a person eligible for veteran’s compensation on the ground that he/she falls short of grading standards on December 21, 2016.

(hereinafter “Disposition of this case”). 【Disposition of this case’s ground for recognition of this case’s existence of no dispute, Gap’s 1 through 3, Eul’s 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of the instant disability continues to undergo a pain test even after the surgery, and even despite continuous treatment, it still remains after the symptoms remain, such as that the walking is not normal. Therefore, the instant disposition that did not recognize a disability rating on a different premise is unlawful even though the disability rating falls under at least Grade 7.

B. Determination 1) Article 6-4(1) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment and Support of Persons, etc.”) provides that disability ratings for persons subject to physical examinations shall be classified into classes 1 through 7 as prescribed by the Presidential Decree, and Article 6-3 of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State shall provide that matters necessary for the classification and determination of disability ratings shall be prescribed by the Presidential Decree. Article 14(3) of the Enforcement Decree of the Act on the Persons, etc. of Distinguished Services to the State delegated by the Act provides that the classification

On the other hand.

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