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(영문) 수원지방법원 2017.10.18 2017구단6055
보훈보상대상자비해당결정처분취소
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. The Plaintiff entered the Army on June 28, 2007 and was discharged from military service on June 1, 2009.

B. On April 2016, the Plaintiff filed an application for registration of persons who have rendered distinguished services to the Defendant on the grounds that “(i) Nos. 4-5, L5-S13 and 4, and No. 5, and No. 5, and No. 1, were incurred during military service (hereinafter “instant wounds”), and (ii) determined that the Defendant satisfies the requirements for persons eligible for veteran’s compensation regarding the said wounds on August 8, 2016.

C. On September 7, 2016, the Plaintiff received a physical examination at the Central Veterans Hospital. As a result, the Defendant notified the Plaintiff of a non-specific decision on the requirements for persons eligible for veteran’s compensation (hereinafter “instant disposition”), stating that “persons who have a minor functional disorder or modified disorder in spine” (Grade 7, 6109) was adequate, following the deliberation and resolution of the Board of Patriots and Veterans Entitlement, although there was a doctor’s opinion on physical examination that “persons who have a minor functional disorder or modified disorder in spine” (Grade 7, 6109) was inappropriate.

[Ground of recognition] No dispute, Gap 1 to 3, Eul 1 to 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the difference in the case of this case was continuously treated after the implementation of the test on removal of conical signboards, etc., but it is a situation where the difference in the case of this case is likely to obstruct pedestrian traffic due to serious pain and pains as a result of the recurrence of conical signboards.

Although there was a opinion that the Defendant constitutes Grade 7 of the disability rating from the physical examination of the Central Veterans Hospital, it is illegal and improper to determine that the Defendant falls short of the grade criteria through a resolution of the Board of Patriots and Veterans Entitlement, so the instant disposition should be revoked.

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

C. 1) 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, etc.”)

§ 6-4.

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