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(영문) 부산지방법원 2020.03.04 2019구단1665
국가유공자 등록거부처분취소
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 March 25, 1998, the Plaintiff joined the Marine Corps and was discharged from military service on December 9, 1998.

B. Around April 2001, the Plaintiff filed for registration with the Defendant on the ground that at the time of night training in April 1998, the Plaintiff sustained injury to the Defendant (hereinafter “the instant wounds”) from the slives of the slives, slives, anti-monthss, and anti-monthss, both inside and outside the slives of the slives.

In accordance with the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 11041, Sept. 15, 201), the Defendant determined that the instant wounds constituted the requirements for soldier or policeman wounded on duty.

The Plaintiff was initially determined by class 7 No. 807, and applied for a re-physical examination on February 1, 2013.

C. On December 9, 2013, the Plaintiff filed an application for re-registration of the instant wounds with the Defendant on the same ground.

On May 19, 2014, the Defendant rendered a disposition to the Plaintiff to the effect that the instant injury does not constitute a soldier or policeman wounded on duty, but constitutes a soldier or policeman wounded on duty.

The plaintiff filed a lawsuit seeking the revocation of the disposition equivalent to the above person of distinguished service to the State, but the first instance court (Seoul District Court 2015Gudan1896) dismissed the claim, and the appeal was dismissed and finalized in the appellate court (Seoul High Court 2017Nu20699).

(hereinafter referred to as “transfer lawsuit”). On October 18, 2017, the Plaintiff was subject to class VII 8122 in a physical examination for re-verification. D.

On February 5, 2018, the Plaintiff filed an application for re-registration to the Defendant for the instant wounds.

On October 30, 2018, after deliberation and resolution by the Board of Patriots and Veterans Entitlement, the Defendant rendered a decision that falls under the requirements for persons who have rendered distinguished services to the State (hereinafter “instant disposition”).

E. The Plaintiff received the instant disposition after November 3, 2018, and revoked the instant disposition to the Central Administrative Appeals Commission on January 31, 2019.

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