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(영문) 서울행정법원 2018.01.19 2017구단57229
보훈보상대상자 상이등급 미달판정처분 취소청구의 소
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 September 11, 2012, the Plaintiff entered the Army and served military service.

On February 27, 2013, it was discharged from military service.

B. On June 21, 2013, the Plaintiff was determined as having recognized the escape certificate of a conical signboard No. 5-T. 1 from the Defendant (hereinafter “instant wounds”) and recognized as “disaster-related police officers” under Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation. Around that time, the Plaintiff was determined as having determined that the disability rating constituted Class 7 6109.

C. On July 21, 2016, the Plaintiff filed an application for a re-examination for the instant wounds with the Defendant, and on January 6, 2017, the Defendant rendered a disposition that the instant wound fell short of the disability rating standards (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, 2, and 3-1, 2, Eul evidence 1, 3, 4, and 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is that the degree of the injury is at least Grade VII in the disability rating table under Article 14(3) [Attachment 3] of the Enforcement Decree of the Act on the Support of Persons, etc. of Distinguished Service to the State, while the Plaintiff could not properly walk due to the instant wound.

Therefore, the instant disposition issued on a different premise should be revoked as it is unlawful.

(b) Entry in the attached Form of relevant statutes;

C. According to the classification of disability ratings under Article 14(3) [Attachment 3] of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, which provides for the criteria for disability ratings according to the delegation of Article 6-4(3) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, which applies mutatis mutandis to the determination of disability ratings of persons eligible for veteran’s compensation pursuant to Article 6(2) of the Act on Support for Persons, etc. of Distinguished Service to the State, which applies mutatis mutandis to the determination of disability ratings of persons eligible for veteran’s compensation

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