logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.12.18 2019구단10680
재해부상군경 미대상 결정 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of disposition;

A. On April 14, 2014, the Plaintiff entered the Army and was discharged from active service at maturity on January 13, 2016, and the Plaintiff was recognized as having met the requirements for persons eligible for veteran’s compensation under the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “the Act on Veterans’ Compensation”).

B. However, on October 24, 2016, the Defendant notified the Plaintiff of the instant decision on military personnel, police officers, and police officers, and the Plaintiff applied for a reexamination on June 7, 2018. However, on February 7, 2019, the Defendant rendered a decision that falls short of the grading standard (hereinafter “instant disposition”) on the ground that “the Plaintiff, on the right side of the instant difference, did not change in satitis, did not change in satitis, and did not satisfe, and there is a restriction on the scope of movement at satisf (hereinafter “instant disposition”).

[Ground of Recognition] A without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 6, revocation of the whole pleadings

2. Whether the disposition is lawful;

A. The degree of disability of the plaintiff due to the difference in the plaintiff's assertion of this case constitutes a person who has a function disorder in the longitude (at least 1/4 of the exerciseable area of the tolerance is limited). Although it falls under class 7 of the disability rating, the disposition of this case is unlawful.

B. (1) Determination (1) Article 6-4 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State shall be made by classifying the disability ratings of persons subject to physical examinations under Article 6-3 (1) into Grades 1, 2, 3, 4, 5, 6, and 7 according to the degree of their disability. The criteria for the disability ratings shall be determined by Presidential Decree in comprehensive consideration of different parts and attitudes, the degree of restrictions on social life, etc., and matters necessary for the classification and determination of the disability ratings shall be prescribed by Presidential Decree. The Enforcement Decree of the Act shall be deemed to have significance to physical disability

arrow