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(영문) 서울행정법원 2017.11.10 2016구단34854
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. The plaintiff entered the Army on April 1, 1982 and discharged on October 4, 1984.

B. On March 3, 2016, the Plaintiff filed an application for registration of a person of distinguished service to the Defendant on the ground that he/she had a right shoulder while training in the military service. On June 1, 2016, following the deliberation and resolution of the Board of Patriots and Veterans Entitlement, the Defendant rendered a decision that the Plaintiff’s “professing the field of profesing the profesor of the profesbs” (hereinafter “the instant wounds”) against the Plaintiff constituted a soldier or policeman’s duty.

C. On July 7, 2016, the Plaintiff received a new physical examination to determine a disability rating at the Central Veterans Hospital, but the Board of Patriots and Veterans decided on November 14, 2016 that “the degree of the instant disability does not meet the criteria for a disability rating.” Based on the deliberation and resolution of the said Board of Patriots and Veterans, the Defendant notified the Plaintiff on November 22, 2016 on the ground that “the degree of the instant disability does not meet the criteria for a disability rating” (hereinafter “instant disposition”).

[Grounds for recognition] The descriptions of Gap evidence Nos. 2, 4, Eul evidence Nos. 1 through 6 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the Plaintiff’s assertion was suffering from pains to the extent that it could not lead a normal social life due to the instant wounds, the Defendant’s disposition that deemed that the degree of the instant wounds falls short of the grade criteria is unlawful.

(b) as shown in the attached Form of the relevant regulations.

C. 1) The applicant for registration bears the burden of proving that the requirements for recognition of persons who rendered distinguished services to the State, i.e., having suffered wounds in performing official duties, or that the degree of physical disability therefrom constitutes higher than the grade prescribed by the law (see Supreme Court Decision 2011Du26589, Aug. 22, 2013). 2) In light of the following: (a) Doctrine and No. 3, the applicant for registration bears the burden of proving that the applicant for registration bears the burden of proof.

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