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(영문) 수원지방법원 2014.09.17 2014구단2090

국가유공자 및 보훈대상자 요건비해당결정취소

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 July 31, 2007, the Plaintiff entered the Gun, and transferred the 168 World Co., Ltd. (hereinafter “instant unit”) to the 2nd of the 2nd of the 2nd of the 51st of the Army on September 7, 2007, the 51st of the 51st of the 168th of the 168th of the Army, and was discharged from military service on November 19, 2008 as a non-major soldier.

B. On November 27, 2013, the Plaintiff asserted that the Defendant was injured while training on the water level at approximately 1.2 meters of the Gamsan in order to cut down the physical strength on August 8, 2008, when the Plaintiff was implementing the first regular leave from August 5, 2008 to August 9, 2008, and to enhance the ability to adapt water to water (hereinafter referred to as “instant accident”), and applied for registration of persons of distinguished service to the State and persons of distinguished service to the State (hereinafter referred to as “the instant accident”). The Plaintiff claimed that the injury was caused while driving the water training on the top of about 1.2 meters of the Gamsan, while making a request for the Gyeong (5-7 pre-round and post-round fixed surgery) (hereinafter referred to as “the instant injury”).

C. On March 18, 2014, the Defendant sustained injuries while performing duties or conducting education and training directly related to national defense, security, etc. while serving in the military.

A disposition of determining whether a person of distinguished service to the State or a person eligible for veteran's compensation was eligible for the occurrence or aggravation of his/her external duties or education and training (hereinafter referred to as "the instant disposition").

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence 1-1, Eul evidence 1-2, and Eul evidence 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the Plaintiff suffered from the instant wound was a person who rendered distinguished service to the State or a person eligible for veteran’s compensation even if the Plaintiff was during his leave, since the Plaintiff was awarded a prize with other soldiers in order to resolve and adapt the fear of physical training and water in order to faithfully perform military service.

B. Evidence A, Nos. 2, 3, and 5, incurred prior to the facts of recognition.