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(영문) 대전지방법원 2020.06.04 2017구단100927

국가유공자요건비해당결정취소

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1. The plaintiff's main claim is dismissed.

2. On June 27, 2017, the Defendant constitutes a person eligible for veteran’s compensation who was the Plaintiff.

Reasons

1. Details of the disposition;

A. On April 20, 2015, the Plaintiff entered the Army as a private soldier with B, but was diagnosed by C Hospital on September 19, 2016 (hereinafter “instant wounds”), and was discharged from military service on November 7, 2016.

B. On December 19, 2016, the Plaintiff asserted that the instant wound was caused by military service, and applied for registration of a person who rendered distinguished services to the State or a person eligible for veteran’s compensation.

C. On June 27, 2017, the Defendant suffered direct cause for the Plaintiff’s performance of duties or education and training while serving in the military.

A person of distinguished service to the State or a person eligible for veteran's compensation was determined (hereinafter referred to as the "disposition in this case") on the ground that it is difficult to view that he or she has deteriorated naturality.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 10, Eul evidence 1 to 6 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. Since June 26, 2015, after entering the military, the Plaintiff asserted that he/she was placed in the steering training group of the Department of the Department of Commerce, the Plaintiff carried out duties, such as the steering assistant, maintenance training, etc. of the company.

Although the state of health before entering the military was normal, the Plaintiff continuously exposed to chemical substances, such as diesel combustion, chemical drugs, and fine dust, emitted from the armored vehicle during the military service period of 14 months, resulting in the occurrence of the instant difference.

Since the Plaintiff’s military service and the instant difference are recognized as causation, the instant disposition is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. From June 26, 2015, the Plaintiff was placed in the steering training group of the Standing Department of the Specialized Driving Schools, and performed duties, such as tasks, such as the education assistant for the flight of the armored vehicles, maintenance training, etc.

B. From among training soldiers who completed education in the training center, training soldiers who are assigned to the training course for the front line are in charge of the regular mechanical training school that the plaintiff belongs to.