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(영문) 부산지방법원 2017.04.26 2015구단21746
국가유공자비해당결정취소 및상이등급 비해당 결정취소청구
Text

1. Of the instant lawsuit, the part seeking the revocation of a non-competent decision-making disposition that was rendered on May 6, 2015.

Reasons

1. Details of the disposition;

A. On March 8, 1984, the Plaintiff entered the Army and discharged the Plaintiff from military service on July 24, 1986.

B. On November 11, 2014, the Plaintiff was diagnosed as a scarcity disorder, scarcity disorder, etc. on the right-hand side, and was diagnosed as a whole by a telegraphic assault from those who were in military service, and applied for registration of a person who rendered distinguished services to the State to the Defendant.

C. On May 6, 2015, following the deliberation of the Board of Patriots and Veterans Entitlement, the Defendant notified the Plaintiff of the following:

(hereinafter “instant Disposition No. 1” (hereinafter “instant injury”): It is difficult to recognize that the instant injury occurred during the performance of military duties or education and training directly related to the national defense, etc.; however, there is a medical opinion that the requirements for persons eligible for veteran’s compensation under the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “the Act on Veterans’ Compensation”) are not possible to be recovered in a lump sum and short term, and that there is no record of treatment and diagnosis, and it does not constitute the requirements for persons eligible for veteran’s compensation under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on Persons of Distinguished Services to the State”) and the requirements for persons eligible for veteran’s compensation under the Act on Persons of Distinguished Services to the State (hereinafter “Act on Veterans’ Compensation”).

D. On June 17, 2015, the Plaintiff received a physical examination for the classification of disability ratings with respect to the instant injuries at the Busan Veterans Hospital, but failed to meet the standards for classification, and the Defendant notified the Plaintiff of the result of the physical examination of disability ratings classification to the effect that it falls short of the standards for application of disability ratings prescribed in the Patriots and Veterans Compensation Act after deliberation by the Board of Patriots and Veterans.

(hereinafter “instant Disposition 2”). (e)

Accordingly, the plaintiff applied for a physical examination for reexamination to the defendant on October 20, 2015 at the Busan Veterans Hospital.

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