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(영문) 부산지방법원 2016.01.20 2015구단20385

국가유공자요건및보훈보상대상자비해당처분취소

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 December 4, 2012, the Plaintiff entered the Army and was discharged from military service on January 27, 2014.

B. On February 14, 2014, the Plaintiff asserted that he/she was diagnosed as “vertebrate separation certificate and so on” (hereinafter “instant wounds”) due to the outbreak of the pain of He/she during the new illness training, and filed an application for registration with a person who rendered distinguished services to the State by having rendered distinguished services to the Defendant “the difference in application for registration to the Defendant.”

C. Accordingly, the Defendant suffered the instant wounds during the performance of military duties or education and training following the deliberation of the Board of Patriots and Veterans Entitlement.

On July 29, 2014, the Plaintiff determined that it was not a person eligible for veteran’s compensation under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State and the Act on Support for Persons Eligible for Veteran’s Compensation, and notified the Plaintiff thereof.

(hereinafter collectively referred to as "each disposition of this case"). 【No dispute exists, Gap evidence No. 1, Gap evidence No. 4-1, Eul evidence No. 1, and the purport of the whole pleadings.

2. Whether each of the dispositions of this case is legitimate

A. The Plaintiff asserted that the Plaintiff was healthy before entering the Plaintiff, but the Plaintiff was diagnosed of the instant wounds and undergone surgery due to the occurrence of a brupty during the new illness training after entering the Plaintiff.

Therefore, since the wound of this case occurred during the performance of military duties or education and training, or rapidly aggravated above the natural progress, each of the dispositions of this case by the defendant on different premise is unlawful.

(b) Fact-finding 1) - Address, address, and low finite (on February 1, 2013, 2013, the Ministry of Foreign Affairs and Fisheries) of relevant data beds (National Military Service Hospital) - The finite calendar (on February 1, 2013: 2-3): - The finite History continued with the above finite calendar - The finite 5 (the finite X-ray & CT, and the vertebrate separation certificate not accompanied by the ebinum x-the ebinum - the ebbrate ebrate, the ebbin ebbine 30 July 2013