Welfare, veterans & labour
Appealing a Patriot Ineligibility or Below-Grade Disability Decision — 30-Day Objection and 60-Day Re-Examination
The appeal route depends on whether your registration application was rejected for not meeting the registration requirements or because the physical examination did not give you a disability grade. A decision that you do not meet the registration requirements can be challenged by an objection within 30 days from the date you received the disposition (Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State, Article 74-18), and if you disagree with the initial physical examination result, you apply for a re-examination within 60 days from receiving the physical examination result notice (Enforcement Decree of the same Act, Article 15). An administrative appeal can be filed regardless of the objection, and if you have been notified of the objection result, you file it within 90 days from that notification (same Act, Article 74-18, Paragraph 4).
Procedure
- Appeal Difficulty High
Submitting an opinion, objection or administrative appeal against a disposition or decision already made, or applying for damage relief or dispute mediation. The reviewing body decides after examining the facts and the law, so preparing supporting evidence is important.
We will fill out the registration for veterans and application documents for veterans benefits. If you are dissatisfied with a decision of non-applicability, we will inform you by checking the decision notice and applicable procedures.
Scope & fee
- Simple veterans benefit application
- We will review the registration, identity, relationship, and proof of payment for 1 application for veterans benefits and prepare the application documents. New registration for veterans or proof of relevance to public service are separate. It does not include in-office submissions.
- New veterans eligibility registration
- We will review the provided data, such as service, accidents, and medical treatment, for 1 new registration for veterans, and prepare a report, opinion, and application documents related to public service. Dissatisfaction after deliberation and decision by the hospital inspection/veterans review committee is not included. Scope of writing: 1 type of report/opinion related to public affairs, 5 pages per piece. It does not include in-office submissions.
1. Identify what the notice decided
The registration decision has two stages: confirming the registration requirements and grading the disability (grades 1 to 7) through a physical examination (Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State, Articles 6 and 6-4). If no disability grade is given in the initial, re-examination or reconfirmation physical examination, the registration application is deemed rejected (same Act, Article 6-3, Paragraph 3). Check from the wording of the notice whether you were found not to meet the registration requirements or fell below the grade threshold, and record the date you received the notice.
2. Objection to a decision of not meeting the registration requirements
An objection may be filed within 30 days from the date you received the disposition when the law was misapplied, important evidence was not reviewed, or new evidence was found after the disposition (same Act, Article 74-18, Paragraphs 1 and 2). You submit the objection form with documents proving your claims to the head of the competent regional veterans office or branch office (Enforcement Rule of the same Act, Article 16-5), and the result is notified after deliberation and resolution by the Veterans Review Committee. Identify the facts that the stated reasons did not accept, and arrange the service and medical records that show those facts in chronological order.
3. Disputing the grade decision through a re-examination
If you disagree with the initial physical examination result, write the reasons on the re-examination application form and apply within 60 days from receiving the physical examination result notice (Enforcement Decree of the same Act, Article 15; Enforcement Rule, Article 7, Paragraph 2). The disability grade decision is not among the matters subject to objection (same Act, Article 74-18, Paragraph 1 and Article 74-5, Paragraph 1, Item 2), so check the re-examination deadline first. Submitting a veterans disability diagnosis issued by a tertiary general hospital or similar institution is treated as having undergone the physical examination (same Act, Article 6-3, Paragraph 8).
4. Reconfirmation examination if the deadline has passed
A person who did not receive a disability grade in the initial or re-examination may apply for a reconfirmation physical examination when applying for registration, once 2 years have passed from the decision date or where there is good reason such as recurrence or worsening of the injury (Enforcement Decree of the same Act, Article 16). In this case, the registration application form is submitted to the head of the competent regional veterans office or branch office (Enforcement Rule of the same Act, Article 7, Paragraph 1). If no grade is given in the reconfirmation examination either, you may apply again under the same conditions (2 years passed, or recurrence or worsening) (Enforcement Decree of the same Act, Article 16, Paragraph 4).
5. Filing an administrative appeal
If you have been notified of the objection result, you may file an administrative appeal within 90 days from that notification (same Act, Article 74-18, Paragraph 4). Without an objection, the appeal must be filed within 90 days from the date you became aware of the disposition and within 180 days from the date of the disposition (Administrative Appeals Act, Article 27). Because the disposition is made by an agency under a national administrative body, the Central Administrative Appeals Commission hears and decides the case (Administrative Appeals Act, Article 6, Paragraph 2).
Required documents
- Objection form (Enforcement Rule of the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State, Annexed Form No. 54-2)
- Re-examination and re-grading physical examination application form (Annexed Form No. 8 of the same Enforcement Rule, when disputing the disability grade decision)
- Registration application form for persons of distinguished service (bereaved families) (Annexed Form No. 2 of the same Enforcement Rule, when applying for a reconfirmation examination)
- Administrative appeal petition (Enforcement Rule of the Administrative Appeals Act, Annexed Form No. 30, when filing an administrative appeal)
- Copy of the decision notice or physical examination result notice
- Documents proving your claims (military service records, accident reports, medical records, etc.)
- Veterans disability diagnosis (Annexed Form No. 9 of the same Enforcement Rule) with a medical opinion and medical records (when replacing the physical examination; issued within 1 month)
Fees
Actual costs such as fees for issuing diagnoses and copies of medical records may apply. Our office fee starts from the amount shown above and may vary depending on the type of appeal procedure, the volume of records to review and the scope of supplementary materials; we will give you an exact quote after reviewing your documents.
Legal basis and review date
- Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State, Article 6
- Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State, Article 6-3
- Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State, Article 6-4
- Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State, Article 74-5
- Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State, Article 74-18
- Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State, Article 15
- Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State, Article 16
- Enforcement Rule of the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State, Article 7
- Enforcement Rule of the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State, Article 16-5
- Administrative Appeals Act, Article 6
- Administrative Appeals Act, Article 27
Check these first
- The starting date of each deadline differs by procedure. The objection is 30 days from receiving the disposition, the re-examination is 60 days from receiving the physical examination result notice, and the administrative appeal is 90 days from the notification of the objection result or from the date you became aware of the disposition, so check the date you received the notice first.
- If the re-examination results in no change of disability grade, or if you do not undergo a physical examination you applied for without special reason, the application is deemed rejected (Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State, Article 6-3, Paragraph 3). Once you receive an examination date, arrange your schedule in advance.
Frequently asked questions
What is the deadline for objecting to a patriot ineligibility decision?
Do I challenge a below-grade disability decision through an objection?
When can I apply for a reconfirmation physical examination?
Will the administrative appeal deadline pass while I wait for the objection result?
Can I file an administrative appeal directly without an objection?
Can I submit a hospital diagnosis instead of the veterans hospital physical examination?
Can an administrative agent handle my patriot objection?
Contact us
Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.
📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com
This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.
