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(영문) 대구지방법원 2017.08.18 2016구단10928
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 September 14, 1984, the Plaintiff entered the Army and discharged the Plaintiff from active service on January 29, 1987.

B. On July 27, 1999, the Plaintiff filed an application for registration of a person of distinguished service to the State on the ground that “the loss of the Cooperation Division No. 5 in the Cabinet,” was different from the application, and the Merit Reward Judgment Committee deemed that the causal link with the military service was recognized on November 16, 1999, and thus constituted a soldier or policeman on duty. However, as a result of a new physical examination conducted to determine a disability rating, the Plaintiff was determined below the grading standard on January 27, 200, and was also determined below the grading standard in the physical examination for reexamination.

C. Accordingly, on November 2, 200, the Plaintiff filed an application for re-registration with different applications for “vertebrate escape certificate No. 5 and conical signboard escape certificate No. 4-5,” and on the ground that the Board of Patriots and Veterans Entitlement’s decision was the same as the one approved earlier on February 6, 2001, defective its resolution, the Plaintiff received a re-examination for re-verification of the approved wounds, and the Plaintiff was judged to have failed to meet the grading standard again on July 20, 201.

On November 25, 2015, the Plaintiff filed an application for re-registration of a person who has rendered distinguished services to the State (hereinafter “instant wounds”) with the Defendant on the ground that the application for re-registration was different (hereinafter “instant wounds”). On April 14, 2016, the Defendant issued a notification of non-specific determination on the requirements for persons who have rendered distinguished services to the State and persons who have rendered distinguished services to the State (hereinafter “instant disposition”) on the ground that the instant wounds cannot be deemed as a direct cause for performance of duties or education and training directly related to national security, or the protection of the lives and property of the people, and that the instant wounds cannot be deemed as a direct cause, and that other military duties or education and training cannot be deemed as a cause for the performance of duties or education and training, and that a rapid aggravation

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 3 through 8 (including branch numbers if there are branch numbers), the purport of the whole pleadings

2. The disposition;

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