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(영문) 서울행정법원 2020.09.24 2020구단2649
상이등급구분신체검사 등급판정처분취소
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 February 4, 2016, the Plaintiff entered the Gun and worked at the Seoul Mine Police Station B department. On June 9, 2017, the Plaintiff was diagnosed as follows: (a) on June 10, 2017, at the time of the conference training, the Plaintiff applied for registration to the Defendant of distinguished services to the State on December 11, 2017, on the ground that he/she was at the left-hand knee in the process of faced with the other players and faced with the other players.

(Plaintiffs were discharged from military service on November 3, 2017). (B)

On July 23, 2018, after deliberation by the Board of Patriots and Veterans Entitlement, the Defendant rendered a decision on whether the Plaintiff was eligible for veteran's compensation who recognized the wounds of this case.

(E) The decision was made with respect to the person who has rendered distinguished services to the State.

Accordingly, on August 29, 2018, the Plaintiff received a new physical examination to determine a disability rating at the Central Veterans Hospital. On November 19, 2018, the Defendant rendered a decision on the Plaintiff’s degree of disability in the instant case on the ground that the degree of disability does not meet the criteria for a disability rating prescribed by statutes. D.

On January 11, 2019, the Plaintiff filed a new physical examination and received a physical examination at the Central Veterans Hospital on February 8, 2019. On April 16, 2019, the Defendant rendered a decision on whether the Plaintiff was eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that “the degree of disability of the instant wound was determined as not meeting the criteria for disability classification as prescribed by the Acts and subordinate statutes as a result of the deliberation by the Veterans Review Committee.”

E. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission on July 12, 2019, but the said commission dismissed the Plaintiff’s claim on October 22, 2019.

F. On November 22, 2019, the Plaintiff received the said written ruling and filed the instant lawsuit on February 6, 2020.

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