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(영문) 수원지방법원 2017.03.10 2015구단2844
공상불인정처분취소, 국가유공자등록거부처분취소
Text

1. On July 13, 2015, the Defendant rendered a disposition to deny his/her eligibility for veteran’s compensation to the Plaintiff (which falls short of the criteria for physical examination).

Reasons

1. The plaintiff entered on August 21, 200 and was discharged from military service on August 18, 2001 (the plaintiff).

B. The Plaintiff applied for the registration of a person who has rendered distinguished services to the State (or a person who has rendered distinguished services to the State on his/her duty) on his/her own, the Plaintiff received a judgment below the grade criteria in a physical examination for disability ratings on November 2, 2011.

On November 15, 2013, the Plaintiff applied for a physical examination for re-verification to register the instant wounds to the Defendant, and on May 14, 2014, the Defendant notified the Plaintiff that he was recognized as a soldier and policeman under Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “the Veterans’ Compensation Act”) and was determined as a person subject to the physical examination under Article 6 of the same Act.

On June 12, 2014, the Plaintiff submitted a written objection to the Defendant that “the person who has rendered distinguished services to the State shall be changed to a soldier or policeman on duty as prescribed by Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State” (hereinafter “the Act”), and requested the review. On October 17, 2014, the Defendant notified that the Plaintiff did not meet the requirements for a person who has rendered distinguished services to the State, and that the person who has rendered distinguished services to the State (hereinafter “the first disposition of this case”) was satisfied.

(v) On January 14, 2015, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission against the instant Disposition No. 1, but the Central Administrative Appeals Commission dismissed the said request on July 7, 2015.

⑹ 한편 원고는 2015. 4. 14. 피고에게 재확인신체검사를 신청하여 2015. 5. 27. 중앙보훈병원에서 신체검사를 받았고, 그에 따라 피고는 2015. 7. 13. 원고에 대하여 보훈보상대상자 지원에 관한 법률 시행령에서 정하고 있는 상이등급기준(1급 내지 7급)에 미달하여...

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