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(영문) 춘천지방법원 2017.11.17 2014구합173

국가유공자 및 보훈보상대상자 요건 비해당 결정 취소

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1. The Defendant’s decision on December 5, 2013 as to whether the person eligible for veteran’s compensation constituted “vertebrate” in determining whether the person was eligible for veteran’s compensation.

Reasons

1. Details of the disposition;

A. On February 1, 1979, the Plaintiff (BJ male) was appointed as Staff sergeant of the Air Force on February 1, 1979, and was retired from active service for the first half of the Air Force on December 31, 2011.

B. On April 11, 2013, the Plaintiff filed an application for registration of a person who has rendered distinguished services to the State and a person eligible for veteran’s compensation on the ground that the Defendant suffered or deteriorated the following wounds (hereinafter collectively referred to as “each of the instant wounds”) due to military service in the military;

An application for registration (certificate 1) shall include only an application for registration of persons who have rendered distinguished services to the State, but any person who has filed an application for registration of persons who have rendered distinguished services to the State pursuant to Article 4 (2) of the Act on Support for Persons Eligible for

① Inverte separation certificate, spine electric ebrate escape certificate, vertecule escape certificate (hereinafter “instant No. 1 Ecule escape certificate”) (hereinafter “instant No. 2 Ecule escape certificate”) (hereinafter “instant No. 2 Ecule”). (3) The left-hand knee, knee, prone, and felin fecule decule (hereinafter “instant No. 3 Ecule”) (hereinafter “No. 4 Ecule”).

C. On December 5, 2013, 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 “each disposition of this case”) on the ground that the instant difference was in congenital or sediment, and thus the proximate causal relation with the Plaintiff’s performance of military duties cannot be acknowledged.

On February 21, 2014, the Plaintiff dissatisfied with each disposition of the instant case, filed the instant lawsuit on February 21, 201, and filed an administrative appeal with the Central Administrative Appeals Commission, and the Central Administrative Appeals Commission dismissed the Plaintiff’s appeal on September 23, 2014.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 4, and 5, the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. Each of the instant wounds asserted by the Plaintiff was aggravated due to the following causes while serving in the military, and thus, the instant wounds are the Plaintiff’s performance of duties.