beta
(영문) 서울행정법원 2016.03.18 2015구단1499

국가유공자등등록거부처분취소

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 October 28, 2013, while entering the Army and serving in the Army, the Plaintiff was diagnosed by “2 degrees of blocking the rooms” (hereinafter “the instant wounds”) and was discharged from military service on May 7, 2014.

B. On August 6, 2014, the Plaintiff: (a) on the part of the Defendant, during the training for chemical and biological life, caused an empty beer, but was unable to speak due to the characteristics of the training center; (b) admitted to B, which led to a traffic accident during driving education, and was transferred to a hospital, and was under high-frequency electric power failure; (c) claimed that he continued to suffer from the instant disability; (d) the Plaintiff applied for registration of persons who rendered distinguished services to the State and persons eligible for veteran’s compensation.

C. On November 27, 2014, the Defendant rendered a decision that the Plaintiff does not constitute the requirements for persons eligible for veteran’s compensation on the ground that “the record of the instant wound had been frequently aggravated, and objective data were not verified that there was direct cause for the performance of duties or education and training directly related to the national security, etc.” Moreover, the Defendant did not constitute the requirements for persons eligible for veteran’s compensation on the ground that “the occurrence of the instant wound and the proximate causal relation between the performance of duties or training and the performance of duties of the military cannot be confirmed, as the direct cause for the performance of duties or education and training directly related to the national security, etc., which directly led to the occurrence of the wound and the occurrence of the injury, and it does not constitute the requirements for a person eligible for veteran’s compensation, on the ground that “the occurrence

(hereinafter referred to as “instant disposition”) . [Grounds for recognition] . [A] without dispute, entry of Gap 1, 8, Eul 1, 3 through 5 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion or education and training and the causal relationship between the injury or disease.