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(영문) 광주지방법원 2018.08.23 2017구단10671
국가유공자 등록 비대상 결정처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On March 1, 2013, the Plaintiff was discharged from active service on June 30, 2015, with the rank of Second Lieutenant in the Army.

B. On January 2016, the Defendant rendered a decision to the Plaintiff on the ground that “the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State” (hereinafter “the Act on the Honorable Treatment and Support of Persons of Distinguished Services to the State”) is a recognized prize to the extent that it constitutes “the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State” (hereinafter “the Act”) under Article 4(1)6.

C. After that, on May 10, 2017, the Defendant rendered a decision on the eligibility of a person of distinguished service to the State on the ground that the degree of physical disability caused by recognized wound points does not constitute disability ratings, following the physical examination of the instant wound and the resolution of the Board of Patriots and Veterans Entitlement.

(hereinafter “Disposition of this case”). [Grounds for recognition] Gap’s 1, 2, and Eul’s 1, 2, and 1, and 2, the purport of the entire pleadings.

2. Whether the disposition is lawful;

A. The plaintiff's assertion is confirmed that the status of the plaintiff's assertion is at least 1/4 of sports restriction (Grade 7, 8122) in the left-hand top-hand top-hand top-hand top-hand top-hand top-hand top-hand top-hand top-hand top-down, and at least 1/2 of sports restriction (class 6, class 6, class 2, class 8121) in the left-hand slot-hand top-hand top-hand top-hand top-down, so it is unlawful for the defendant to take the disposition of this case

(b) as shown in the attached Form of the relevant statutes;

C. Determination 1) The Plaintiff is liable to prove that the degree of physical disability caused by the injury incurred in performing official duties constitutes higher than that prescribed by law (see, e.g., Supreme Court Decision 2011Du26589, Aug. 22, 2013). 2) In order to fall under Grade 6(2) of the disability rating (see, e.g., Supreme Court Decision 8121 or 8119), or Grade 7(122 of the disability rating, one of the three sections of the three sections of one bridge, or one of those sections of the three sections of the two sections of the two sections of the road (Grade 62(2)8121).

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