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(영문) 수원지방법원 2014.10.17 2013구단3614
보훈대상자비해당결정 취소
Text

1. Of the instant lawsuit, the revocation of the Defendant’s non-conforming decision-making disposition that rendered on February 21, 2013 to the Plaintiff.

Reasons

1. Details of the instant disposition

A. On September 24, 1996, entered the Army and discharged from military service on June 5, 1997.

B. On December 5, 2005, the Plaintiff: (a) received the Defendant’s wound of “the escape certificate of upcoming 4-5 in the 1997 trained military training (hereinafter “instant wound”); and (b) received the Defendant’s notification on April 27, 2006 on the ground that he/she applied for registration of a person who rendered distinguished service to the State on the ground that he/she incurred the instant wound during the performance of military duties from the Defendant on the ground that he/she received the instant wound during the performance of official duties from the Defendant.

Since then, according to the result of the new and new physical examination conducted by the Plaintiff at the Seoul Veterans Hospital, the Defendant rendered a non-conformity of the requirements for persons of distinguished service to the State on October 2, 2006 on the grounds that the Plaintiff’s disability falls short of the degree of disability rating, and the Plaintiff filed an administrative appeal, but the said claim was dismissed on February 22, 2007.

C. On October 5, 2012, the Plaintiff filed an application for registration of a person who has rendered distinguished service to the State again, and on February 21, 2013, the Defendant rendered a disposition to the effect that the Plaintiff, on the grounds that the instant wound was not recognized as directly related to the protection of the State’s defense, security, or the lives and property of the people, and that it does not meet the requirements of Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act on the Honorable Treatment of Persons of Distinguished Service to the State”). However, on the ground that it falls under the requirements of Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “Act on Persons

hereinafter referred to as "the first disposition of this case" for the portion of non-existence of the requirements for persons who have rendered distinguished services to the State.

D. Accordingly, on March 27, 2013, the Plaintiff received a physical examination from the Central Veterans Hospital for the verification of disability ratings for the instant wounds, but was determined below the grade criteria, and according to the result of the determination, the Defendant was on April 29, 2013.

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