국가유공자비해당결정처분취소
1. The Defendant’s decision on May 27, 2014 that rendered against the Plaintiff was revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. On March 2, 1992, the Plaintiff entered the Korea Army Academy Korea as a bachelor candidate, and on August 1, 1992, the Plaintiff served as a so-called officer on August 1, 1992, and was discharged from military service on August 31, 2007 as Captain.
B. On June 3, 2009, the Plaintiff asserted that “In the course of shooting training for officer candidates, there was a sloping to the right shoulder in the course of shooting (hereinafter “instant accident”), and thereafter, during the performance of his duties, he was performed with a sloping field around 2000 and a sloping field in around 2001, and thereafter, he was in the course of performing his duties, and thereafter received an operation with a sloping field as a sloping field, and even thereafter, he was hospitalized in both sides sloping field (hereinafter “the instant case”). On March 3, 2009, the Plaintiff filed an application for registration with the Defendant for distinguished service to the State for the instant wound, and the Defendant rendered a disposition that became non-qualified as a person of distinguished service to the State.
C. After that, on February 1, 2010, the Plaintiff again filed an application for registration of the instant wounds with the Defendant, and on March 8, 2010, the Defendant rendered a decision equivalent to the amount of a person of distinguished service to the State on the ground that it is objectively difficult to recognize that the said wounds have proximate causal relation with the performance of official duties.
Accordingly, the plaintiff filed a lawsuit seeking revocation of the above disposition and won the case in the first instance court (Seoul District Court 2010Gudan4679). The appellate court (Seoul High Court 2011Nu2959) which the defendant appealeded the appeal and the defendant did not file a final appeal, and the above judgment of winning the case became final and conclusive because the defendant did not file a final appeal. According to the reasoning of the above judgment, it is confirmed that "the plaintiff did not have verified the king portion before entering the Gun, and that the plaintiff corrected the shoulder portion during the scambling, and that the scambling would only have serious force on both shoulders due to the nature of the training, and it seems that the scambling of the plaintiff's right-hand shoulder was first broken, and even if the left-hand shoulder or did not reach the scambing area.