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(영문) 서울행정법원 2015.12.30 2015구단8407
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. On November 5, 2013, when the Plaintiff was serving in the Army on May 21, 2013, when entering the Army, the Plaintiff was discharged from the military service on February 26, 2014 due to a collision with the flag’s company, and the left-hand kne, which caused an accident, “the flag and the outer half of the flags on the left-hand side,” the Plaintiff was discharged from the military service on November 26, 2014.

B. On August 22, 2014, the Plaintiff was determined by the head of the Incheon Veterans Branch Office that “The Plaintiff sustained knee injury on the left-hand side, and applied for registration of a person of distinguished service to the State” (hereinafter “the instant wound”) constituted a person eligible for veteran’s compensation (disaster injury) by the head of the Incheon Veterans Branch Office.

C. On March 24, 2015, the Plaintiff filed an application for a re-examination with respect to the Plaintiff on May 27, 2015, following the deliberation and resolution of the Board of Patriots and Veterans Entitlement that the instant difference does not meet the criteria for persons eligible for veteran’s compensation (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is a person whose physical area of tolerance is limited to 1/4 or more, or a person whose physical area of tolerance damage is at least 10 millimeters (m) or, notwithstanding appropriate treatment, a person whose physical area of tolerance damage is at least 10 millimeters (m) or a person whose physical change after credit due to flag damage constitutes a person whose flagic nature manifestly appears in the examination of X-ray shooting, etc., and thus, Article 14(3) [Attachment 3] of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State is subject to disability rating 6.2 Item 819

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