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(영문) 의정부지방법원 2016.09.07 2014구단685

국가유공자등록거부처분취소

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On June 23, 2008, the Plaintiff entered the Army, and served as a former operator of a water machinery shop at B, the search team for water machinery units, and was discharged on May 9, 2010.

B. On November 10, 2008, the Plaintiff received an operational treatment on December 9, 2008, after receiving the diagnosis of the species of stegrative destruction.

C. On April 15, 2013, the Plaintiff made an application for registration of a person who rendered distinguished services to the State (hereinafter referred to as “the instant wounds”) on April 15, 2013. On October 10, 2013, the Defendant rendered a disposition to determine that the instant wounds did not constitute the requirements for persons who rendered distinguished services to the State or persons eligible for veteran’s compensation on the ground that they cannot be deemed to have been caused or deteriorated due to the performance of official duties, such as the performance of duties or education and training (hereinafter “instant disposition”).

The Plaintiff filed an objection on November 13, 2013, but the Defendant dismissed on February 11, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 11, 12, Eul evidence Nos. 1 through 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was assigned to K-1 A1 (former Navigation Number) and driven the electric vehicle of 11, 12, and 22 at the time of various training or education. The Plaintiff did not have to inhale dust, such as exhaust gas, soil dust, etc. of the previous vehicles that run earlier.

In addition, when receiving the pre-education in a harsh period, he inhaled the new wall air from the new wall.

Since such education and training had an unexpected impact on the closure of the case, the difference in the instant case was found to have a proximate causal relationship with the performance of duties and education and training, the Defendant’s disposition against this is unlawful.

(b) Article 4 (Persons of Distinguished Service to the State) (1) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, their bereaved family members or their families falling under any of the following: