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(영문) 대구지방법원 2014.02.14 2013구단1732

보훈급여지급비대상결정처분취소

Text

1. The Defendant’s disposition of non-payment of veterans’ benefits against the Plaintiff on April 11, 2013 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On Jun. 3, 1997, the Plaintiff entered the Army and was serving as an aviation mission soldier of the Air Force of B, and was discharged from military service on Nov. 14, 1997, on Nov. 19:25, 199, by attempting to kill a molecule in the area of the Air Force, and sustained 75% of 75% of the total telegraph (hereinafter “instant accident”). After treating the accident, the Plaintiff discharged from military service on Dec. 30, 200.

B. On February 26, 1999, the Plaintiff filed a state compensation lawsuit against the State in relation to the instant accident, and received a partial winning judgment that recognized only 20% of the amount of damages claimed by the Plaintiff on February 26, 199, and received payment of KRW 74,679,846 from the State.

C. On July 14, 2010, the Plaintiff filed an application with the Defendant for registration of persons who have rendered distinguished services to the State on the ground that: (a) the instant accident, which led to the assault committed by superior officers while serving in the military, was suffering from the wounds of “fluoral disorder and postmath (e.g., e., e., e., e., e., e., g., e., e., e.

On November 29, 2010, the Defendant issued a non-conformity of the requirements for a person who rendered distinguished services to the State to the Plaintiff. However, the lower court accepted the recommendation of the full bench in the appellate court (Seoul High Court 2012Nu1328) of the lawsuit disputing the said disposition, and determined that the instant accident constituted the requirements for the concurrence of support and injury in the line of duty provided in Article 73-2 (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; hereinafter “former Act on Persons of Distinguished Services”) with respect to the wound of the video and the epirade of the video transfer (s) and the epirade of the two sides (s) and the epirade of the two sides’s destruction, e.g., the e., the destruction of force corresponding to the person of distinguished services to the State.

E. In order to determine the degree of disability of the instant wound, the Defendant conducted a new physical examination on March 22, 2013, and on April 11, 2013, the Defendant’s disability rating 3-82 against the Plaintiff.