logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.07.11 2017구단10044
공상군경비대상결정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff entered the Army on January 9, 1990 and was discharged from the military service on July 9, 1992.

After all, the Plaintiff asserted that he had received education and training in the new soldiers’ training team (hereinafter “the instant wounds”) while serving in the military and applied for registration of a person who rendered distinguished services to the State around December 8, 2010, and received a decision from the Defendant that the instant wounds meet the requirements for soldier or policeman on duty. Since then, the Plaintiff received a decision from the Defendant that the instant wounds do not meet the criteria for disability rating according to the results of the physical examination in the Busan Veterans Hospital.

On November 27, 2015, the Plaintiff again filed an application for registration of the instant wounds. The Defendant: (a) determined that the instant wounds meet the requirements for the honorable treatment and support of persons, etc. of distinguished service to the State (hereinafter “the Act on the Honorable Treatment and Support of Persons of Distinguished Service to the State”); (b) on October 26, 2016, the Busan Veterans Hospital did not meet the criteria for disability rating under Article 14(3) [Attachment 3] of the Enforcement Decree of the Act on the Persons of Distinguished Service to the State according to the results of physical reexamination for confirmation implemented on October 26, 2016 at the Busan Veterans Hospital and the resolution of the Board of Patriots and Veterans Entitlement; and (c)

[Ground of recognition] Evidence Nos. 1, Eul Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is in a limited state with at least 1/4 of the physical area of the right fingers due to the instant wounds, which constitutes Grade 7 of the disability rating among the arms and fingers disability under Article 14(3) [Attachment 3] of the Enforcement Decree of the Act on Persons of Distinguished Services to the State, and thus, the instant disposition taken by deeming otherwise is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. According to Article 14(3) [Attachment 3] of the Enforcement Decree of the Act on Persons of Distinguished Service to the State, Article 8-3 [Attachment 4] of the Enforcement Rule of the Act on Persons of Distinguished Service to the State, etc.

arrow