국가유공자요건비해당결정취소
1. Revocation of a judgment of the first instance;
2. The Defendant rendered distinguished services to the State on February 20, 2012 to the Plaintiff.
1. Details of the disposition;
A. The Plaintiff entered the Republic of Korea on February 15, 2011 for the same year
3. 28. 10:30경 육군 12사단 제2신병교육대에서 인간뜀틀 훈련을 받던 중 착지과정에서 왼쪽 다리가 먼저 바닥에 떨어지는 사고(이하 ‘이 사건 사고’라 한다)를 당하여 부상을 입은 후 2011. 7. 5.경 국군수도병원에서 ‘좌측 무릎 전방십자인대 완전파열(이하 「이 사건 상병」이라 한다)’의 진단을 받고 2011. 8. 1.경 ‘전방십자인대 재건술’을 받은 후 2011. 10. 4. 의병 전역하였다.
B. On October 7, 2011, the Plaintiff filed an application for registration of the instant injury to a person of distinguished service to the Defendant. However, the Defendant rendered a decision on the eligibility of a person of distinguished service to the State (hereinafter “instant disposition”) on February 21, 2012 on the ground that “it is impossible to confirm whether the instant disposition was a person of distinguished service to the State due to an injury during education and training because he/she was treated several times with respect to kneeee and was not discovered as a result of the review of the MRI data.”
C. The Plaintiff appealed and filed an administrative appeal against the instant disposition on May 17, 2012, but the Central Administrative Appeals Commission dismissed it on December 18, 2012.
The relevant Acts and subordinate statutes shall be as follows:
Article 4 (Persons who have rendered distinguished Services to the State) (1) of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (Amended by Act No. 11041, Sep. 15, 2011) (including persons who are provided for in other Acts to receive the honorable treatment, etc. provided for in this Act) shall be given honorable treatment under this Act,
6. Soldiers or police officers wounded on duty: Soldiers, police officers, and fire-fighting officers discharged from military service or retired from military service after having been wounded in the course of education and training or in the performance of their duties (including diseases in official duties), who have suffered physical disability falling within that degree of injury under Article 6-4, in a physical examination conducted by