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(영문) 수원지방법원 2018.11.21 2018구단8034
상이등급결정취소
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 October 18, 2007, the Plaintiff entered the active service, and served on December 7, 2007 through the Cheongju Police Station and the Police Academy, and was discharged from active service on September 15, 2009.

B. On August 10, 2016, the Plaintiff filed an application for registration of persons of distinguished service to the State with respect to the Defendant on August 10, 2016, with the following content: “The Plaintiff was diagnosed as the escape certificate of post-entry, and the symptoms have deteriorated due to training, excessive shooting, and cruel acts at the Cheongju Police Station at the Cheongju Police Station via the Cheongju Police Station and the Police Academy. However, on August 29, 2008, the distance between the military unit and the Seoul Police Hospital was implemented, but the symptoms have deteriorated due to frequent demonstration and training.”

C. On January 16, 2017, the Defendant rendered a decision that it constitutes a soldier or policeman on duty under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act on the Honorable Treatment and Support of Persons, etc.”) on the ground that “it is difficult to deem that the instant injury was caused directly by the performance of duties or education and training directly related to the protection and security of the State, or the protection of the lives and property of the people.” However, since the instant injury sharply aggravated during military service, it constitutes a soldier or policeman under Article 2(1)2 of the Act on the Support for Persons, etc. of Distinguished Service to the State (hereinafter

On February 27, 2017, the Plaintiff underwent a physical examination of the instant wounds at the Central Veterans Hospital. On June 26, 2017, the Defendant rendered a notice to the Plaintiff that he/she was determined below the disability rating standard on the ground that he/she did not have any chronic symptoms to the Plaintiff, and that he/she shall be determined as ineligible for the application of the Patriots and Veterans Compensation Act (hereinafter “instant disposition”).

(hereinafter “instant disposition”) was made.

E. The plaintiff.

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