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(영문) 창원지방법원 2016.10.04 2015구합1586
국가유공자 및 보훈보상대상자 등록거부처분 취소
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. After entering the Army on April 15, 2008, the Plaintiff was discharged from the service on March 5, 2010, while serving for the 1175 YY 15 units under the jurisdiction of 155 units.

B. On April 24, 2009, the Plaintiff, while holding a Taekwondo demonstration game in the military unit, was examined and tried to see the floor of the upper right hand, and was diagnosed on April 27, 2009 at the National Army Water Service Hospital as the upper right hand room (hereinafter “the instant wound”). On April 28, 2009, the Plaintiff was diagnosed as the ground for sculpulverization and sculatory sculing of the sculpulatory sculpher (hereinafter “the instant wound”). On April 28, 2009, the Plaintiff was performed at the said hospital

C. Upon the Plaintiff’s request, the Defendant decided that the instant wounds meet the requirements for persons eligible for veteran’s compensation.

On March 5, 2013, the Plaintiff was determined to fall short of the standards for classification in a new physical examination, which is the procedure for registering persons eligible for veteran’s compensation, and again, was determined to fall short of the standards for classification in a physical examination for re-verification on June 16, 2015. On September 14, 2015, the Defendant issued a notice to the Plaintiff on the result of re-verification, as well as on the determination of eligibility for registration of persons eligible for veteran’s compensation (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff has a substantial functional disorder in the right hand room even after he/she had undergone an operation due to an injury in military service, and that state constitutes at least Grade 6-2 and 7121 of the disability rating provided by Article 14 (3) [Attachment 3] of the former Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter "Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State"), or Grade 7124 (Article 7124 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State among the three parts of one arms) and the disposition of this case is unlawful on a different premise.

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

(c) judgment 1.

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