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(영문) 춘천지방법원 2015.09.18 2013구합1810
상이등급판정취소
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 6, 1965, the Plaintiff was discharged from military service as a noncommissioned officer after entering the Army, and was discharged from military service on November 30, 1966.

B. Around June 1966, the Plaintiff was serving in the 20th Team of the Army. However, the Plaintiff suffered from the wounds, such as external wounds, etc. (hereinafter “the instant wounds”) due to an explosion of Ma18 personal mine detonating caps, among the attempts to remove the ammunition from the military unit, due to an explosion.

C. On August 27, 2012, the Plaintiff applied for the registration of persons who rendered distinguished services to the State on the ground of the instant wound to the Board of Patriots and Veterans Entitlement, and was recognized by the Board of Patriots and Veterans Entitlement on December 27, 2012 as meeting the requirements for persons who rendered distinguished services to the State.

C. On February 27, 2013, the Plaintiff received a reclassification physical examination for the classification of disability ratings at the Central Veterans Hospital. On April 10, 2013, the Board of Patriots and Veterans Entitlement decided to the effect that the Plaintiff constitutes Class 7 of disability rating 1115 (persons with the corrected eyesight of 0.06 or less), based on the results of the above physical examination (hereinafter “instant disposition”). On April 24, 2013, the Defendant notified the Plaintiff that he/she was determined to have rendered distinguished services to the State (Grade 7 or 115) (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, entry of evidence Nos. 1 through 4, 6 and 7, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff alleged that the plaintiff's assertion falls under Paragraph 3 of Article 14 of the former Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Presidential Decree No. 25435, Jun. 30, 2014; hereinafter "former Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State") and Paragraph 5 of Article 14 (3) of the former Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, and Paragraph 2 of Article 1110 of the Classification No. 110 (the correction of two snows, respectively. 0. 1) on the ground that the remaining-hand eye was deteriorated.

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