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(영문) 청주지방법원 2020.11.12 2019구합6272
재해부상군경 상이등급판정처분 취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On May 30, 198, the Plaintiff entered the Army for compulsory service, and was diagnosed as “propin escape certificate L4-5 (hereinafter “the instant wound”) due to the occurrence of h4-5 pains, and was discharged from military service on September 21, 1989 after receiving the partial vertebrate ebrate ebrate and disc removal.

B. Around 2018, the Plaintiff filed an application with the Defendant for registration of a person who has rendered distinguished service to the State or a person eligible for veteran’s compensation on the ground that “the instant wound occurred during military service,” and the Defendant, on October 4, 2018, ordered the Plaintiff to comply with the requirements for a soldier, police officer, etc. under Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “the Veterans’ Compensation Act”), and determined that the Plaintiff constitutes a soldier, police officer, etc., if he/she was determined as a disability rating corresponding to Grades 1 through 7 in physical examinations conducted at the World War Veterans Hospital after the end,

C. After conducting a physical examination to determine the disability rating for the Plaintiff, the Defendant, after deliberation and resolution by the Board of Patriots and Veterans Entitlement, took into account the relevant data and the medical opinions of medical specialists in the relevant specialized departments and the deliberation of the Board of Patriots and Veterans Entitlement, based on the following results: “The Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State” refers to the Act on the Honorable Treatment and Support

Attached Table

3. No person shall meet the disability rating standards under the disability rating classification table;

' by reason of its failure to meet the grading standards', D.

On April 1, 2019, the plaintiff raised an objection and conducted a physical examination for reexamination, but the defendant again issued the disposition of this case to the plaintiff on April 1, 2019 on the same ground as before.

A. [Reasons for Recognition] Facts without dispute, Gap 1 through 5 (which include a serial number, hereinafter the same shall apply)

B. 1 to 1.2

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