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(영문) 창원지방법원 2019.10.16 2018구단12320
보훈보상대상자등록거부처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of disposition;

A. On January 25, 1992, the Plaintiff entered the Navy and was discharged from active service on December 31, 2016, and was discharged from active service on December 31, 2016. On April 17, 2009, the Plaintiff was discharged from active service on the part of the Navy, and was discharged from active service on the part of the players who were faced with the right kne kne kne kne kne kne kne kne kne

(hereinafter referred to as “the instant difference” between the two parties (hereinafter referred to as “the instant difference”).

On March 27, 2018, the Defendant rendered a determination that the instant wound constitutes a person eligible for veteran’s compensation to the Plaintiff, but, on July 26, 2018, rendered a disposition rejecting the person eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that “the instant wound falls short of the criteria for disability rating” to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion that the plaintiff's physical condition falls under class 7 of disability rating and class 8122 of disability rating because it is hard to move due to the wound of this case. The plaintiff's physical condition of the plaintiff is "a person with a disability of Gyeongdo in one part of the three sections of the three sections of one bridge," but the disposition of this case that did not fall under disability rating is unlawful.

B. (1) Determination (1) Article 6-4 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State shall be made by classifying the disability ratings of persons subject to physical examinations under Article 6-3 (1) into Grades 1, 2, 3, 4, 5, 6, and 7 according to the degree of their disability. The criteria for the disability ratings shall be determined by comprehensively considering different parts and attitudes, the degree of restrictions on social life, etc., and matters necessary for the classification and determination of disability ratings shall be prescribed by Presidential Decree. Article 14 (2) of the Enforcement Decree of the Act provides that "the matters concerning the method of determining physical disability and the method of measuring physical disability disorders shall be prescribed by Ordinance of the Prime Minister."

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