국가유공자 및 보훈보상대상자 비해당결정처분 취소
1. On June 13, 2016, the Defendant’s disposition of non-conformity of the requirements for persons who rendered distinguished services to the State against the Plaintiff shall be revoked.
2...
1. Details of the disposition;
A. On September 10, 199, the Plaintiff (B students) completed the education of noncommissioned officers at the Korea Army Academy at Staff, and was admitted to the Korea Army at Staff on September 10, 199, and thereafter worked for the first branch of the Korea Army Academy at Staff 505.
On January 31, 2006, it was discharged from military service.
B. On March 2016, the Plaintiff asserted that he/she suffered from the wounds of the “native noise noise ties” and the “native injury” in the military service, the Plaintiff applied for registration of himself/herself as a soldier or policeman on duty or a soldier or policeman on duty under Article 2(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on Persons of Distinguished Services to the State”) or a soldier or policeman on duty under Article 2(1)2 of the Act on Support of Persons, etc. of Distinguished Services to the State, but on June 13, 2016, the Defendant rejected the Plaintiff’s above application on the ground that there is no proximate causal relation between the Plaintiff’
(hereinafter referred to as the "disposition in this case"). 【No dispute exists as to the ground for recognition, Gap evidence Nos. 1, Eul evidence Nos. 1 and 3, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The plaintiff's assertion was continuously exposed to noise generated at the time of an anti-aircraft defense training conducted by the first anti-aircraft grant group 505, while serving as a safety guard, and the occurrence of the difference in this case occurred. There is a proximate causal relation between the plaintiff's duty, etc. and the occurrence of the difference in this case.
Therefore, the instant disposition issued on a different premise should be revoked as it is unlawful.
B. In order to constitute a soldier or policeman on duty under Article 4(1)6 of the Act on Persons of Distinguished Services to the State, the injury directly occurred due to the main reason for the performance of duties or education and training directly related to national defense and security or the protection of people’s lives and property.