logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.08.11 2016구단56595
보훈보상대상자 비해당 결정처분 취소
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 January 21, 1992, the Plaintiff entered the Army and was discharged from military service on August 14, 1992.

B. On May 7, 2015, the Plaintiff filed an application for registration of a person who has rendered distinguished service to the Defendant on the ground that he/she was dead while serving in the military, and on October 1, 2015, the Defendant rendered a decision that the Plaintiff’s “Vebrate L3-4” (hereinafter “instant wounds”) against the Plaintiff constitutes the requirements for persons eligible for veteran’s compensation (accidents) on the ground that he/she was aware of the fact after deliberation and resolution by the Board of Patriots and Veterans Entitlement.

C. On November 26, 2015, the Plaintiff received a new physical examination to determine a disability rating at the Central Veterans Hospital, but the Board of Patriots and Veterans Entitlement deliberated and decided on December 16, 2015 that “the degree of the instant disability does not meet the criteria for a disability rating.” On February 3, 2016, the Plaintiff was dissatisfied with the physical examination and conducted on February 3, 2016, but the Board of Patriots and Veterans Entitlement deliberated and decided on April 11, 2016. Based on the deliberation and resolution of the said Board of Patriots and Veterans, the Defendant notified the Plaintiff of the determination that “the degree of the instant disability does not meet the criteria for a disability rating” (hereinafter “instant disposition”).

[Reasons for Recognition] Items A, 1, 2, 3, Eul evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the Plaintiff’s assertion constitutes at least Grade 7 6109 (the person who has a minor functional disorder or modified disability in spine) due to the instant disability, the Defendant’s disposition that judged otherwise below the rating standard is unlawful.

B. As stated in the relevant statutes attached to the relevant regulations

C. 1) The applicant for registration bears the burden of proving that the requirements for recognizing persons who rendered distinguished services to the State or persons eligible for veteran’s compensation, i.e., suffering from wounds in performing official duties, or that the degree of physical disability therefrom constitutes a grade or higher as prescribed by statutes (see Supreme Court Decision 2008Da1

arrow