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(영문) 의정부지방법원 2018.05.24 2018구합11383

국가유공자 등록거부처분 등 취소

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Details of the disposition;

A. On December 19, 1987, the Plaintiff served as the Second Lieutenant on December 19, 1987, and was discharged from military service on June 30, 2009.

B. From December 3, 2003 to December 3, 2006, the Plaintiff served as an inspector of the Board of Audit and Inspection of B company B from December 3, 2006. From December 4, 2006 to December 4, 2006, the Plaintiff was performing duties as an auditor of the reserve forces within the same association. On February 20, 2007, the Plaintiff was diagnosed as having received cerebral diagnosis (hereinafter “the instant difference”).

C. On January 20, 2015, the Plaintiff: (a) filed an administrative appeal with the Central Administrative Appeals Commission on December 21, 2012; (b) on August 20, 201, the Plaintiff filed an administrative appeal against the Defendant on the ground that there was no proximate causal relation between the instant wounds and the performance of duties; (c) on August 21, 201, the Plaintiff filed an administrative appeal against the Defendant on January 20, 201, on the ground that the Plaintiff filed an administrative appeal against the Defendant on the registration of persons who rendered distinguished service to the State and applied for re-registration of persons eligible for veteran’s compensation to the Defendant; (d) on November 23, 2012, the Plaintiff filed an administrative appeal against the head of the Office of Patriots and Veterans Affairs having rendered distinguished service to the State on April 8, 2013; and (e) filed an administrative appeal against the Central Administrative Appeals Commission on April 17, 2013.

On October 4, 2013, the Plaintiff filed a new application for registration with the head of the Office of Patriots and Veterans Affairs to grant distinguished services to the State. However, on May 23, 2014, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on June 3, 2014, but was dismissed on September 23, 2014.

A. On October 28, 2015, the Defendant rendered a non-conformity of the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that the instant wound was not caused by the performance of military duties.

On November 19, 2015, the Plaintiff filed an objection against the instant disposition against the Defendant. However, on January 18, 2016, the Plaintiff filed the objection.