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(영문) 서울행정법원 2014.11.27 2014구단51916
국가유공자요건비해당결정취소
Text

1. The decision that the Defendant rendered to the Plaintiff on February 7, 2014 constituted non-conformity with the registration of a person who rendered distinguished services to the State shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of disposition;

A. On January 15, 2009, the Plaintiff was called up for the second citizen service in the Army, and served as public interest service personnel belonging to C disabled General Welfare Center located in Seoul, on August 20, 2009. On August 20, 2009, the Plaintiff was diagnosed as “the 5th Trith - the 1,000th Pacific Signboards escape certificate (hereinafter “the instant wound”)” and was discharged from the hospital on January 27, 201, and was recognized by the Defendant as a soldier or policeman on September 11, 2013.

B. On February 7, 2014, the Defendant issued a notice to the Plaintiff on the determination that the instant case fell short of the standards for rating as a result of the physical examination conducted by the Central Veterans Hospital on the instant wound (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there is no dispute, Gap No. 1, 2, Eul No. 1, and the purport of the whole pleading

2. Whether the disposition is lawful;

A. Under the relevant statutes and regulations of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act”) and the Enforcement Rules, where medical clinical symptoms and special inspection opinions coincide, their symptoms are recognized, and the degree of injury for them shall be determined according to the relevant chronicsis if they continue to be bequeathed notwithstanding all treatment, including surgery.

In the Enforcement Rule [Attachment 4] 6 (b) (A) of Item 6 (2) of the Determination of Disability Ratings by Physical Parts 4), there are significant recurrences in the opinion of special examination (CTT andMRI), and where there are abnormals of appreciations, pains, radiation radioactives, etc., and where there are training opinions through an unexplosion test, (b) in the case of clinical check, such as deflaction or defaction, and there are apparent errors in the special supplementary test, and where there are abnormals in the special supplementary test, and the 7th degree of each disability rating is recognized.B. Prior to the fact of recognition, each of the above evidence shows that Gap evidence No. 3 (including paper numbers, Eul evidence Nos. 2 and 3, the results of physical examination on the director of the Seoul Medical Center of this Court, and the results of fact inquiry, and the head of the Korea National University Ansan Hospital.

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