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(영문) 부산고등법원 2016.04.15 2015누21957

국가유공자지정거부처분취소

Text

1. Of the judgment of the first instance, the part against the plaintiff falling under the order of revocation shall be revoked.

Defendant.

Reasons

1. Details of the disposition;

A. On August 18, 1966, the Plaintiff entered the Army and discharged from military service on July 26, 1969. On October 30, 2013, the Plaintiff filed an application for registration with the person who rendered distinguished services to the State pursuant to Article 6(1) of the Act on Persons of Distinguished Services to the State, asserting that “In the course of military service, combat training was conducted by the Government on June 13, 1967, on which he/she was serving, the left side bridge, and the left side bridge was changed (hereinafter “the instant wound”).

B. On May 30, 2014 after the resolution of the Board of Patriots and Veterans Entitlement, the Defendant rendered a decision that the Defendant did not meet the requirements for a person who rendered distinguished services to the State and a person eligible for veteran’s compensation under Article 2(1) of the Act on Persons of Distinguished Services to the State, on the ground that there is no objective data, such as the beds at the time of the first injury, and thus, there is no causation between the injury and the performance of official duties, on June 13, 1967, which can be confirmed that the injury in the instant case occurred in connection with the performance of his/her duties during military service (hereinafter “disposition to refuse the registration of persons of distinguished services to the State” and “disposition to refuse the registration of persons of distinguished services to the State”).

[Ground of recognition] Facts without dispute, Gap evidence 1-4, Gap evidence 3-1-3, Eul evidence 1-4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. While completing combat training, the Plaintiff’s assertion is undergoing a combat training and falling under the head of the internal affairs team, and the Plaintiff was faced with a view to the front left-hand side, and was receiving treatment at the Army Hospital due to the instant wound. After being discharged from the military, the Plaintiff was suffering from a chronic alley of the left-hand side of the instant wound and under the treatment after being discharged from the military.

On the other hand, the instant wound occurred during military service, and thus, it is necessary to recognize the Plaintiff as a person who rendered distinguished service to the State or a person eligible for veteran’s compensation.