국가유공자요건비해당결정처분취소
1. On May 19, 201, the part of the Defendant’s decision that constituted a person of distinguished service to the State against the Plaintiff regarding “incompetence” among the disposition that the Defendant rendered against the Plaintiff.
1. On March 1, 2004, while serving in the Army, the Plaintiff was suffering respectively from the difference between the “indeption in the direction of the earth” (hereinafter “indeption indeption indeption indivities”) and “Seoul High School (No. 5-6)” (hereinafter “instant No. 2”) and “Seoul High School (No. 6).” The Plaintiff applied for registration of persons of distinguished service to the State on October 21, 2010. However, on May 19, 2011, the Defendant rendered a decision that each of the instant differences does not constitute the requirements for persons of distinguished service to the State on the ground that there is no proximate causal relation with the military performance of official duties (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap 2 and Eul 1, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. On January 28, 2009, the Plaintiff asserted that he had a scambling as part of personal physical training to prepare for the evaluation of the ability of executives, and had a serious pain, and had a x-ray shooting at the stage of the affiliated unit, but did not have a x-ray image, etc., and left the x-ray shooting control, etc., due to the lack of a x-ray x-ray x-ray. However, even though the Plaintiff continued to have a marcing on the left side of the shoulder, the Plaintiff received the diagnosis of the “scambal bomart and SLAP disease boms on the left side” under the diagnosis of the “scambal bombing and marcs on the left side.”
In addition, on January 13, 2010, during the large regular reinforcement training of the Plaintiff, the Plaintiff was faced with an accident where the head was faced with the land and caused a scambling of the scambling at the aircraft, and the head was faced with the accident, and then, the Plaintiff was subject to the scambling of the scambling (5-6) according to the diagnosis by the 2nd regular manager.
In light of these circumstances, the instant disposition is unlawful even if proximate causal relation is recognized between the two different types of the instant case and the military service.
B. The Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 10471, Mar. 29, 201).