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(영문) 대구지방법원 2018.01.12 2017구단676
보훈보상대상자비대상결정처분취소
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 November 9, 2015, the Plaintiff entered the Army, and was discharged from military service on June 15, 2016, and was wounded and disabled at the right knee while performing stable games during military service. On July 22, 2016, the Plaintiff applied for registration of a person of distinguished service to the State on July 22, 2016, and the Defendant rendered a decision on the relevant requirements for persons eligible for veteran’s compensation (hereinafter “the instant difference”).

B. On December 22, 2016, the Plaintiff was subject to a physical examination to determine the degree of injury of the instant wound, but the Defendant decided on March 8, 2017 that the Plaintiff was not eligible for veteran’s compensation on the ground that the degree of disability falls short of the degree of injury.

(hereinafter referred to as "disposition of this case"). / [Grounds for recognition] The entry in Gap's 1, 2, 12, Eul's 1 through 3 (including branch numbers), and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The plaintiff's assertion is unlawful in the disposition of this case that falls short of the disability rating standards, since he was discharged from military service with the wound of this case and thereafter has function disorder, such as knee and limited part of the exercise of tolerance.

B. Determination 1) Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Persons of Distinguished Services to

Article 14(3) [Attachment 3] of the Enforcement Decree of the same Act (amended by Presidential Decree No. 28438, Nov. 14, 2017), which provides for the classification and determination of disability ratings with the delegation of Article 6-4(3), provides for “a person subject to the restriction on his/her employment latitude due to a defect in the function of a new bridge” as Grade 7-4115, and “a person who has a disability in his/her latitude under one section among the three sections of a single bridge” as Grade 7-8122.

Furthermore, according to delegation of Article 14(2) of the Enforcement Decree of the above Act, physical parts are classified.

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