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(영문) 수원지방법원 2016.04.27 2014구단2175
국가유공자요건비해당결정취소
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 December 14, 1967, the Plaintiff entered the Army and was discharged from military service on October 24, 1970.

B. On August 5, 1969, the Plaintiff filed an application for registration with the Defendant for distinguished service to the State around April 2012, on the ground that he received hospital treatment after being transferred to a hospital by suffering from the total injury in both legss and the side glasss, while performing one joint support operation under the Franchi unit B, which was dispatched to the Vietnam War War in military service.

C. On June 4, 2012, the Defendant: (a) recognized the Plaintiff’s “an injury to the left part and the left part” as an element for the action; (b) determined on December 16, 2013, that it falls short of the classification standard as a result of the physical examination; (c) recognized the Plaintiff’s “an injury to the left part and the left part” as an element for the action in action; and (d) recognized the Plaintiff’s “an injury to the left part of the left part and the right part of the left part” as an additional difference on February 5, 2014.

(hereinafter referred to as “instant wounds”) D.

On March 27, 2014, the Defendant: (a) conducted a physical examination to verify the degree of injury of the instant wound to the Plaintiff; (b) determined that the Plaintiff fell short of the grade standards; and (c) rendered a non-competent decision-making disposition on June 3, 2014 (hereinafter “instant disposition”).

[Ground of recognition] No dispute, Gap evidence 1, Eul evidence 1 to 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is unlawful since it is judged that the defendant's invention falls short of the grade criteria, since it is judged that it falls under the case's disability grade 7, 4115 (a person whose level of employment is restricted due to the functional disorder of the neurosis), since there is an open symptoms in the right-side part, in particular, in relation to the injury in the Vietnam War.

(b) The attached Form of relevant statutes is as follows.

C. The former Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State before being amended by Ordinance of the Prime Minister on April 29, 2014.

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