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(영문) 서울행정법원 2016.06.17 2016구단53022
보훈보상대상자 비해당 결정 처분취소
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 September 10, 2013, the Plaintiff entered the Army and served in the Second Class B of the Group 31 jointly and severally.

B. On December 18, 2013, the Plaintiff was diagnosed with the right-free knene in a sports unit, and was discharged from the hospital on May 6, 2014.

C. On June 23, 2014, the Plaintiff filed an application for registration of a person of distinguished service to the State pursuant to Articles 4(1)4 and 6(1) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act on the Honorable Treatment and Support of Persons of Distinguished Service to the State”) on the ground that “the Defendant was discharged from military service by suffering from the

The Act on Support for Persons Eligible for Veteran's Compensation(hereinafter referred to as the "Act on Support for Persons Eligible for Veteran's Compensation")

) Pursuant to Article 4(2) of the Act on Support for Persons Eligible for Veteran’s Compensation, a person eligible for veteran’s compensation shall be deemed to have filed for the registration of the person eligible for veteran’s compensation together.

On December 8, 2014, the Defendant rendered a decision on whether the Plaintiff constitutes a person of distinguished service to the State or a person eligible for veteran’s compensation on the ground that “this case’s injury cannot be deemed to have occurred during the military service period.”

E. On March 2, 2015, the Plaintiff appealed and filed an administrative appeal on March 2, 2015, and on August 18, 2015, the Central Administrative Appeals Commission rendered a ruling revoking a decision on the person who rendered distinguished services to the State or a person eligible for veteran’s compensation on the ground that the instant wounds were caused by military service.

F. After that, on October 13, 2015, the Defendant rendered a decision that the instant wound does not meet the requirements for persons who rendered distinguished service to the State, but falls under the requirements for persons eligible for veteran’s compensation (person wounded in a disaster).

G. Following the determination of the instant disability rating, the Defendant: (a) on November 25, 2015, conducted a physical examination of the Plaintiff pertaining to the classification of disability ratings (hereinafter “instant physical examination”).

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