국가유공자요건비해당결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On May 12, 1979, the Plaintiff entered the Army and was discharged from active service at the 20 military support headquarters 20 military support headquarters, and was discharged from active service on February 25, 1982.
B. At the time of military service, the Plaintiff filed an application for registration with the Defendant on October 27, 2014, for the registration of persons who rendered distinguished services to the State on the grounds that the injury, such as personal injury, revolving power failure, and spatitis, occurred on both shoulders in the course of performing oil loading duties and training (hereinafter “instant injury”).
C. Accordingly, on January 12, 2015, the Defendant rendered a decision on the eligibility of a person who rendered distinguished services to the State and a person eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that the causal link between the instant wounds and the military performance of official duties is not recognized.
[Ground of recognition] Facts without dispute, Gap evidence 1-1-4, Eul evidence 1-1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is from June 19, 1980 to the military service.
6. From July 7, 1980 to 2180 to 200 to 200 to 200 to 200 to 201.
7. Until 14.14. Up to 17., it was used after the work of carrying heavy oil drums with support for oil loading, and it was sent back to a military hospital.
As such, the instant difference occurred due to the Plaintiff’s performance of duties or education and training, the Defendant’s disposition of this case on a different premise should be revoked as it is unlawful.
B. In order to constitute “an injury during education and training or in the performance of duty (including illness in the line of duty)” under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, there should be a proximate causal relationship between the education and training, the performance of duty, and the injury or disease, and the existence of the proximate causal relationship should be proved by the