beta
(영문) 서울행정법원 2016.08.08 2015구단2256

국가유공자및보훈대상자요건비해당결정취소

Text

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. The Plaintiff entered the Navy on July 2, 1979 and was discharged from military service on August 29, 1981 by being appointed as a Marine Corps officer on August 29, 1981, and on May 31, 2013.

B. On August 21, 2013, the Plaintiff asserted on August 21, 2013, that the Defendant had been continuously exposed to excessive noise by serving for a long time in the military unit with heavy shooting training costs and in the military unit requiring the implementation and supervision of occupational shooting training, and that an aircraft and naval noise was exposed to frequent landing training and continued stress, etc. while living in the military and continued to work in the military, and applied for registration of persons of distinguished service to the State.

C. On December 5, 2013, the Defendant decided that the Plaintiff does not meet the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation on the ground that “it is difficult to recognize that the instant wound was caused by injury or urgency as a direct cause for military duties or education and training, or that it was caused by proximate causal relation with military duties or education and training.”

(hereinafter “instant disposition”) D.

The Plaintiff filed an objection against the Defendant on December 27, 2013, but was dismissed on March 19, 2014. On June 5, 2014, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on November 25, 2014.

[Ground of recognition] Facts without dispute, Gap 1, 2, 7, 8, Eul 1 (including additional numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff asserted that the plaintiff worked for a long period compared to other club charges in the field of shooting training, such as guns and guns, which may cause emotional distress during the military life for more than 30 years, and in the field of landing training that produces field noise, etc., and sustained stress due to military life, and the difference in this case occurred. Thus, the difference in this case is in the performance of duties or education and training.