국가유공자 및 보훈보상대상자 요건비해당결정 처분 취소
1. On May 8, 2015, the Defendant rendered a disposition of non-existence of the requirements for persons who rendered distinguished services to the State and persons subject to veterans benefits to the Plaintiff.
1. Details of the disposition;
A. On November 24, 1982, the Plaintiff was diagnosed as an engine expansion certificate (hereinafter “instant wounds”) while entering the Army and serving in the Army, and was discharged from military service on December 31, 1984.
B. On October 30, 2014, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State and a person eligible for veteran’s compensation on the ground that the instant difference was caused by excessive training and poor working environment.
C. As to this, the Defendant presented the opinion that “the instant wound is a chronic and repetitive disease due to infection or chromatic disease, and the public duty-relatedness requires proof, such as chemical handling or pollution exposure. In the case of the Plaintiff, the records diagnosed and treated during the military service are confirmed, but specific and objective medical data that the disease occurred as a direct cause in the performance of duties or education and training are not verified, and considering medical opinions, it is difficult to recognize that the disease occurred as a direct cause in the performance of duties (or duties not directly related to national defense and security, or to protect the lives and property of the people) or that education and training has aggravated beyond the natural progress.”
(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence No. 1, Eul evidence No. 1, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion did not have smoked before the occurrence of the instant wound, nor did the Plaintiff suffered from the disease related to the engine area.
However, in the process of performing duties as a supplied disease, a large amount of dust in the distribution warehouse was inhaled while participating in the dynamics of the Korea-U.S.A. after entering the dynamics, and living in an inferior military base where the cold and frozen heating is not well good.