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(영문) 대구고등법원 2016.01.08 2015누5383

국가유공자요건비해당결정처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On March 17, 1998, the Plaintiff entered the Army and was discharged from the military service on May 13, 1999 when serving in the Third Class of the Military Service.

B. On November 26, 1999, the Plaintiff first filed an application for registration of persons who have rendered distinguished services to the State, alleging that the escape certificate (No. 1-2, No. 4-5, No. 5, and No. 5-3) occurred to the Defendant on the ground that the Defendant had sustained the advanced construction and continuous work and training at the time of military service, and that the Defendant recognized the Plaintiff as a person who meets the requirements for persons who have rendered distinguished services to the State on September 2000.

(hereinafter referred to as “the first disposition”). (c)

However, on December 4, 200, the Plaintiff was judged to have failed to meet the disability rating criteria in both the result of a new physical examination on November 28, 2005, the result of a physical examination for re-verification on November 28, 2005, and the result of a physical examination for re-verification on February 11, 2009.

On May 31, 2013, when filing an application for a physical examination for re-verification, the Plaintiff applied for registration of persons who rendered distinguished services to the State with the same content as the previous one, and the Defendant was deliberated by the Board of Patriots and Veterans Entitlement regarding the requirements for persons

E. On November 7, 2013, the Board of Patriots and Veterans Entitlement (“the Board of Patriots and Veterans Entitlement”) made an application for an injury to the Plaintiff, “PP No. 1-2” (hereinafter “instant First Award”).

) Although it is not deemed that an injury was caused in the course of performing duties or education and training directly related to national protection, security, etc., it is deemed that the injury has not been caused, but it is deemed that the injury has deteriorated beyond nature due to repeated military performance of duties, etc., and thus constitutes the requirements for persons eligible for veteran’s compensation. The “propinization of memorial signboards No. 4-5 and No. 5-T. 1 in the 2nd century (hereinafter “instant No. 2nd”), which was initially recognized at the time of the initial disposition,” and the “each of the instant injuries” is referred to as the “

The symptoms are merely flicking so that the symptoms can be temporarily or naturally cured, and they cannot remain obstacles to daily life, so persons of distinguished service to the State.