beta
(영문) 수원지방법원 2015.08.28 2015구단30184

국가유공자요건비해당결정취소

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 September 4, 2012, the Plaintiff entered the Army, and was discharged from the Republic of Korea on June 3, 2014.

B. On July 18, 2014, the Plaintiff filed an application for registration of persons who rendered distinguished services to the State on the ground that he/she was killed in pain during the active military service, and was discharged from military service in the Armed Forces, the Military Manpower Hospital, etc., after being proved to have been blick disc by the National Armed Forces Goyang Hospital, etc., and received medical treatment at the National Armed Forces, Waterworks Hospital, etc.

C. On October 20, 2014, the Defendant issued the instant disposition against the Plaintiff on the ground that: (a) objective evidence was not verified that the instant wound occurred as a direct cause for national defense, security, or military performance or education and training directly related to the protection of the lives and property of the people; (b) the Defendant did not constitute the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation on the ground that it was not judged that the instant wound was rapidly aggravated due to the occurrence of an external performance of duties, during education

[Ground of recognition] Unsatisfy, Gap evidence 1

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was a general guard but from July 15, 2013 to that of the Plaintiff.

7. 19. '2013년 전반기 전차포 훈련'에 탄약수 임무를 수행하게 되면서 포탄을 전차 내 적재함에 입고하고 포탄을 장전하면서 34.9kg의 중량의 포탄을 하루 10발씩 운반하고 들어 올리는 작업을 반복하면서 등허리 왼쪽이 삐끗하는 충격을 느꼈고 그 이후 통증이 계속 되어 허리통증이 심화되어 국군고양병원 등에서 추간판탈출증 진단을 받은 것이어서 이 사건 상이가 국가유공자 또는 보훈보상대상자 요건에 해당한다고 할 것임에도 이를 인정하지 아니한 이 사건 처분은 위법하다.

(b) Article 4 (1) 6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State shall be soldiers, police officers, and fire-fighting;