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(영문) 대전지방법원 2020.05.21 2019구단101528
상이등급결정취소
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. (1) On March 1, 1993, the Plaintiff was so-called the Army, and was discharged from military service on October 31, 2015. (2) The Plaintiff was selected as a military commissioned trainee during military service and received education from Taiwan B University from February 2006 to August 2007.

On March 9, 2007, the Plaintiff left around around around 20:40 during the pertinent education period, and went to the right knee due to the collision with the Atooba while standing the crosswalk in the vicinity of the accommodation.

(hereinafter “instant accident.” The Plaintiff was diagnosed with the right-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-out from May 30, 207 to June 30, 207.

B. On November 20, 2015, the Plaintiff filed a previous lawsuit with the Defendant on November 20, 2015, “The instant difference” (hereinafter referred to as “the instant difference”).

(2) On September 1, 2016, the Defendant filed an application for registration of a person of distinguished service to the State on the ground that: (a) on September 1, 2016, the Plaintiff filed an administrative litigation seeking revocation of the aforementioned non-specified disposition; (b) the Plaintiff filed an administrative litigation on June 27, 2019; (c) the causal relationship between the instant accident and the instant injury was recognized; and (d) the instant injury occurred in relation to the Plaintiff’s performance of his/her duties, and thus, partially winning a favorable judgment (Dismissal of the part of a person of distinguished service to the State) was rendered on the ground that the instant injury constitutes a person eligible for veteran’s compensation as prescribed by the Act on Persons Eligible for Veteran’s Compensation, and the said judgment became final and conclusive at that time.

C. After the above final judgment, the Defendant was determined as a person who does not meet the criteria for disability rating as a result of the review of the Board of Patriots and Veterans Entitlement’s disability rating, and as a result, the Defendant’s new physical examination of the Plaintiff on October 18, 2019.

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