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(영문) 서울고등법원 2015.07.09 2015누33310
보훈급여금 지급액 변경처분 취소
Text

1. Revocation of the first instance judgment.

2. The amount of veterans' benefits paid by the Defendant to the Plaintiff on December 9, 2013.

Reasons

Details of the disposition

On November 18, 1967, the Plaintiff entered the Army and discharged from the Vietnam War on October 31, 1969 to October 22, 197, and was recognized as an actual aftereffects of defoliants (Class VII 201) and registered as a soldier or policeman wounded in action (Class VII 201).

On March 18, 2013, the defendant conducted a physical examination for the plaintiff at the Central Veterans Hospital and requested a deliberation of the Board of Patriots and Veterans Entitlement. On October 21, 2013, the Board of Patriots and Veterans Entitlement decided that the result of the re-determination of the Central Veterans Hospital falls under class 7 of the disability rating and class 1116 of the disability rating. Accordingly, on December 2, 2013, the defendant notified the plaintiff of the result of the determination of the re-determination of a trial (Class 7-201 of the grade before the change, Grade 7-116 after the change).

On December 9, 2013, the Defendant issued a disposition to change the amount of veterans' benefits from 643,000 to 469,000 won on the ground that "if a person of distinguished service to the State or a person of distinguished service registered pursuant to the previous Act or a person eligible for support for military personnel applies for a physical examination on or after July 1, 2012 following the reorganization of the eligibility for veterans' benefits and the system for compensation, the Defendant did not pay the amount of veterans' benefits to his/her spouse who is over 60 years of age, but has no male children aged between 24 and 60 years of age, and without the family care allowances paid to the relevant wounded military personnel.

(2) On December 17, 2013, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on December 17, 2013, but was dismissed on June 17, 2014.

On May 23, 2014, the defendant's payment of allowances due to changes in physical examinations conducted in the above trial proceedings, as the proviso to cases where the disability ratings under Article 6-3 (7) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State have fallen, in cases of a physical examination for re-determination at his/her request, the defendant shall have the effect of a re-examination from the month following the month in which he/she received the disability ratings that

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