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(영문) 인천지방법원 2019.01.08 2016구단51198
국가유공자 및 보훈보상대상자 요건 비해당 처분취소
Text

1. On July 1, 2016, the Defendant’s disposition against the Plaintiff as non-conforming to the requirements for persons eligible for veteran’s compensation.

Reasons

1. Details of the disposition;

A. On December 1, 2005, the Plaintiff was admitted to active duty service on November 30, 2007, and was discharged from active service on November 30, 2007, and again transferred the Plaintiff to the BB noncommissioned Officers on September 25, 2008, and was discharged from active service on February 29, 2016.

B. On July 7, 2010, the Plaintiff: (a) sent to the C unit; (b) 4m high-speed steel bars installed for the installation of a studio gate during the operation of the fixed surveillance zone; (c) appeared on the right side of the head; (d) started overseas blasting disease; and (e) applied for 3-4 poppy escape symptoms at the C-4 poppy Hospital on the following day; (d) L3-4 poppy escape symptoms at the C-1-2-1-2-15-2-16-2-16-2-15-2-16-2-3-2-14 of the C-1; and (e) applied for 3-4 poppy infection on March 17, 2011; and (e) applied for 3-4-1-6-1-2-1-2-1-2-15-2-16-2-16-16-2-16-14-2 of the copary surgery on the right side.

C. However, on July 1, 2016, following deliberation by the Board of Patriots and Veterans Entitlement on June 16, 2016, the Defendant provided guidance on the results of deliberation on the registration of persons who rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 12, Eul evidence 1 to 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that he did not pass the physical examination standards of B noncommissioned Officers and re-enter the military.

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