logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.01.20 2015구단20378
등급기준미달처분취소
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 April 16, 1971, the Plaintiff entered the Army and discharged from military service on December 31, 1972.

B. On March 10, 2014, the Plaintiff filed an application for re-registration of a person of distinguished service to the Defendant on the basis of the application for “afford tuberculosis and cage cages” (hereinafter “instant wounds”) with the Defendant, and the Defendant rendered a decision on July 8, 2014 to the effect that the Plaintiff does not meet the requirements for persons of distinguished service to the State, but falls under the requirements for persons eligible for veteran’s compensation, according to the deliberation by the Board of

C. Meanwhile, the Plaintiff received a new physical examination at the Busan Veterans Hospital, but was determined below the grade standard, and on November 10, 2014, the Defendant finally decided and notified the Plaintiff to the non-competent person under the Act on Support for Persons Eligible for Veteran’s Compensation on the ground that it failed to meet the grade standard as a result of the physical examination.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1, Eul evidence Nos. 1 and 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion has been melting to the present time due to the difference in this case, and has not been able to work properly.

Therefore, although the Plaintiff’s disability rating due to the instant wound is deemed to fall under class 7 or more of the disability rating under the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State and the Enforcement Rule of the same Act, the

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

C. According to the above relevant laws and regulations, in order to fall under the disability rating under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State due to any disability such as chest-do, at least 1/4 (Grade 7) or 1/3 (Grade 6) of the average person’s ability to work due to the instant injury, there is no evidence to acknowledge that the Plaintiff has lost his ability to work for at least 1/4 due to the instant injury.

arrow