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(영문) 광주고등법원 2015.04.30 2014누5919

국가유공자 및 보훈보상대상자 요건 비해당결정취소

Text

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.

Reasons

1. Details of the disposition;

A. The Plaintiff entered the Army on December 9, 2008 and served on the Army, and was discharged on October 17, 2010.

B. On April 22, 2013, the Plaintiff filed an application for registration of a person of distinguished service to the State, alleging that he/she was injured by the human scarcity and scarcity in the right-hand scarcity and the left-hand scarcity in the military, while undergoing military training (hereinafter “instant injury”).

C. In regard to this, the Defendant rendered a notification on August 13, 2013 to the Plaintiff on the ground that the Plaintiff does not meet all the requirements for soldiers and police officers under the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State (hereinafter “Act on Persons of Distinguished Service to the State”) and the requirements for soldier and police officers under the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State (hereinafter “the Act”), on the ground that “the Plaintiff’s failure to verify the past ability of the State, and to verify the identity of the person of distinguished service to the State, and considering the fact that the name of the person in question is chronic, such as the lack of satisfaction, etc., due to his/her duty or education.”

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 7-1, Gap evidence 9, Eul evidence 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. On May 19, 2004, four years and seven months prior to the occurrence of the instant injury and disease, the Plaintiff did not have received treatment on the part of the fore part of the fore part of the fore part except for those received from the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the Plaintiff’s assertion. ① On December 9, 2008, the Plaintiff received training at the fore part of the training center after entering the military, and the Plaintiff received the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the body