국가유공자요건비해당결정취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Details of the disposition;
A. The Plaintiff entered the Army as an active duty soldier on December 7, 2007, but was transferred to service as a prison guard on January 25, 2008, and was discharged from service on November 11, 2009 by serving as a prison guard at the Busan Correctional Institution.
B. On December 24, 2012, the Plaintiff was diagnosed as a sprink for the right shoulder (hereinafter “the instant wound”) at the F Hospital on December 31, 2012, when he/she was working in the indoor swimming pool in Seo-gu, Gwangju, and was sent to a nearby D Hospital, and was diagnosed as a sprink for the right shoulder of the right shoulder (hereinafter “the instant wound”).
C. After that, on February 6, 2013, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State and a person eligible for veteran’s compensation with respect to the Defendant on July 9, 2013, by asserting that “the Plaintiff had caused the instant wound because the right shoulderouts (hereinafter “salone during transition service”) that was incurred while leading and training in the military in Busan prison were repeated,” and the Defendant rendered a notification to the Plaintiff on the ground that “The instant difference was not caused by the Plaintiff’s performance of duties or education and training or the aggravation of the Plaintiff’s ability in the past before entering the military, and thus, it is not recognized that proximate causal relation is not recognized” (hereinafter “instant disposition”).
Therefore, the Plaintiff filed an objection against the instant disposition on July 22, 2013, but the Defendant, on September 16, 2013, rejected the Plaintiff’s objection on the ground that “the instant wounds, such as the instant disposition, were not caused or aggravated during the Plaintiff’s performance of duties or education and training, and there is no proximate causal relation, and there is no change in circumstances that may reverse the previous result of deliberation.”