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(영문) 수원지방법원 2015.11.20 2013구단3683

국가유공자등록거부처분취소

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. The Plaintiff entered on June 4, 1996 and was discharged from military service on January 23, 1997.

B. On July 1996, the Plaintiff was buried as a landslide caused by heavy rain in the military service, and was dismissed on the ground that, on March 14, 2007, the application for registration of a person who rendered distinguished services to the Defendant was different from the application, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State on the ground that there was no proximate causal relation with education and training or the performance of his/her duties as of July 18, 2007.

C. On April 18, 2012, the Plaintiff filed an application for re-registration with the Defendant on the grounds that the instant difference does not constitute the requirements for persons who rendered distinguished services to the State on the ground that it is difficult to recognize that there is proximate causal relation with the performance of official duties, along with the written opinion issued by the Indones University Seoul Man University (hereinafter “instant award”). D. The Defendant rendered the instant disposition to the effect that the instant difference does not constitute the requirements for persons who rendered distinguished services to the State on August 6, 2012.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on November 6, 2012, but was dismissed on May 7, 2013.

[Ground of recognition] Evidence No. 1, No. 3, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff alleged that the Plaintiff had a proximate causal relation between the instant wound and the military performance of duties, on the ground that: (a) the Plaintiff’s assertion was covered by the earth’s body and covered by the earth’s body; (b) it was unlikely that there was a congenital cause; and (c) it was highly unlikely that there was a congenital cause, and that there was a possibility that there was a cause other than an accident. However, the instant disposition based on the premise that there was a proximate causal relation between the instant wound and the military performance of duties is unlawful.

B. On the basis of the statement Nos. 2, 3, 4, and 5, and the result of the court’s entrustment of physical examination to Tolnsung Hospital, the Plaintiff was a landslide caused by a heavy rain around July 1996 while serving in the military.