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(영문) 전주지방법원 2018.05.16 2017구단787
국가유공자요건비해당결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts constituting the basis for no dispute between the parties;

A. On July 25, 2016, the Plaintiff was discharged from military service on November 21, 2016, on the ground that the traffic accident occurred due to a vehicle trouble in the course of performing his/her duties on July 25, 2016, which occurred in the 7th Sick Zone B, and received “other breaths, etc. of luminous bones and fluoral, etc. of fluoral fluoral fluorals, etc.”, and was discharged from military service on the ground that the Plaintiff was discharged from military service on November 21, 2016.

B. Accordingly, with respect to an application for registration of a person of distinguished service to the Defendant on the ground that the Plaintiff had rendered such circumstances, the Defendant on July 12, 2017, stated that “The physical level of the person of distinguished service to the State falls short of the standards for rating,” attached Table of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State,” and attached Table of “The Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State” on July 12, 2017.

3. The instant disposition was rendered to “the determination of persons or soldiers wounded on duty under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State,” because they do not fall under the criteria for disability ratings according to the classification table of disability ratings.

2. The key issue in this case is whether the degree of injury claimed by the Plaintiff during the course of performing official duties falls under the disability rating determined by the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (Attached Table 3) and the disability rating determined by the Enforcement Rule of the same Act, and the disability rating determined by the disability rating determined by the Enforcement Rule of the same Act (Attachment 4.). The measurement of the so-called physical activity area to be determined is based on the precedent explicitly stating that the degree of injury sustained by the Plaintiff falls under class 7 of the disability rating determined by the above classification table, and whether the degree of injury suffered by the Plaintiff during the course of performing official duties falls under class 7 of the disability rating determined by the above.

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