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(영문) 서울행정법원 2018.06.21 2017구단73948
국가유공자요건비해당결정취소
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 July 19, 201, the Plaintiff, who was admitted to the Army on April 18, 201, and was discharged from the office of maturity on April 18, 2013, claimed that “I am dead on February 5, 2012 during training at early December 201,” and that “I am dead on December 5, 2012,” and applied for registration to the Defendant for registration of persons who have rendered distinguished services to the State.”

B. On November 20, 2014, the Defendant rendered a decision on the relevant requirements for persons eligible for veteran’s compensation related to the left-hand side of the 5-1,000 square meters of the escape test (the status after the scambling of the post signboard escape test) (hereinafter “the injury of this case”) against the Plaintiff, and the Defendant was dismissed on March 20, 2015 due to the Plaintiff’s failure to examine the physical examination of the injury of this case, and thus, the applicant for veteran’s compensation was dismissed.

C. After that, on March 6, 2017, the Plaintiff filed an application for re-registration to the Defendant, and conducted a physical examination to determine the degree of injury of the instant wounds, but the Defendant rendered a decision on July 7, 2017 on the registration of persons eligible for veteran’s compensation on the ground that the degree of disability falls short of the degree of injury (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 5, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion is unlawful since the Plaintiff was discharged from military service with the instant wounds and thereafter continues to be subject to a post-treatment, etc., and thus, the instant disposition that failed to meet the disability rating standard is unlawful.

B. 1) Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “Act on Veterans’ Compensation”)

Article 2 (1) 2 of the Act shall be construed as "military personnel, police officers, and fire-fighting officers wounded in the course of performing their duties or education and training not directly related to national defense or security, or the protection of the lives and property of the people, and discharged from military service or retired from military service by suffering from wounds, and the degree of such disability shall be conducted

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