logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.09.19 2014구단194
국가유공자 상이등급 결정 처분 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. The plaintiff entered the Navy on August 30, 1950 and was discharged from military service on November 30, 1969.

나. 원고는 2000. 11. 29. 피고에게 “6.25 전쟁에 참전하여 1951년∽1952년경 전투 중 ‘우측 상완부 파편창’(이하 ‘이 사건 상이’라 한다)을 입었음”을 이유로 국가유공자(전상군경) 등록신청을 하였고, 이에 피고는 2001. 6. 22.경 이 사건 상이를 전투 중 부상을 당한 것으로는 인정하였으나, 2001. 10. 24. 원고의 상이등급 확인을 위해 실시한 신체검사 결과 등급기준에 미달한다는 판정을 하였다.

C. On March 14, 2013, the Plaintiff received an application for registration for re-verification of persons who have rendered distinguished service to the State recognized as meeting the requirements for persons who have rendered distinguished service to the State by the Defendant and received a physical examination again, thereby falling under class 7, class 4,115 of the disability rating (persons subject to the restriction on competition in employment due to the chronic disorder). Accordingly, on November 20, 2013 after deliberation by the Board of Patriots and Veterans Entitlement, the Defendant issued a notification to the Plaintiff on November 20, 2013, that the Plaintiff shall be determined as a soldier or policeman wounded in action falling under class 7, class 4115 of

【Ground of recognition】 The fact that there has been no dispute, entry of Eul-1 through 8, 12 through 18, and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was wounded in the instant case due to the bruthal mar of the enemy during battle, which was in a battle, but had a lot of difficulty in living due to pain and legacy since the brupt of the wounded parts was not removed.

At present, the Plaintiff’s injury, etc. has a considerable functional disorder in the new system, and thus, falls under class 5, class 4112, class 6, class 113, or class 6, class 2, class 4114, and thus, the instant disposition is unlawful.

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

C. As to the evidence mentioned above and the president of the Gyeongbuk University Hospital in this case.

arrow