beta
(영문) 대구지방법원 2016.04.15 2014구단2282

국가유공자비해당결정취소및비공상결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 31, 199, the Plaintiff entered the Air Force and served as a cooking soldier. On December 1999, the Plaintiff was discharged from military service on September 2, 200 after treatment for seven months at the Daegu National Armed Forces Hospital and L5-S1 disc surgery.

B. On October 2006, the Plaintiff asserted that L5-S1 disks had re-expliced as a result of the MRI shooting, and applied for registration of persons who have rendered distinguished services to the Defendant on August 24, 2007 at L4-5 and L5-S1 time. In 2008, at the Veterans Examination Committee, the Plaintiff decided that “protruding escape certificate L5-S1” was a soldier or policeman’s duty, but the Plaintiff was determined to fall short of the grading standard in the physical examination for the disability rating classification twice.

C. Upon the Plaintiff’s re-application on November 27, 2013, on July 2, 2014, the Defendant issued to the Plaintiff a notice of the result of the deliberation on the requirements for persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the following grounds: (a) the escape certificate of a conical signboard escape L5-S1, the left-hand side (part of the antipaculation and post-proving) (hereinafter “instant No. 1”); and (b) the Defendant’s notification of the result of the deliberation on the requirements for persons eligible for veteran’s compensation (part of recognition) (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, and whole purport of pleading

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was that there was no disease related to the Doluri before entering the military. During the military service, the Plaintiff was discharged from military service after having been wounded during the process of performing his duties. Since the first and second degrees of the instant case were all wounded during the performance of his duties, it constitutes a soldier or policeman on duty as prescribed by the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State”), and at least the Act on