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(영문) 광주고등법원 2014.12.30 2014누13

국가유공자적용비대상결정 취소

Text

1. Revocation of a judgment of the first instance;

2. The Defendant is ineligible for the application to the Plaintiff on August 29, 2012.

Reasons

1. Details of the disposition;

A. On January 20, 2009, the Plaintiff entered the Army, and was assigned to the Army as a driver under the 39th rank of the 15th rank, and was discharged from active service on November 26, 2010. On August 24, 2011, which was nine months after the discharge, the Plaintiff was discharged from active service, and received an operation to remove a conical signboard from the C Hospital located in the Macheon-si to “the escape certificate No. 4-5 (hereinafter “the instant injury and disease”).

B. On May 3, 2012, the Plaintiff filed an application for registration of a person who has rendered distinguished service to the State by asserting that the instant injury was caused due to the education and training and performance of duties while in the military. Accordingly, the Defendant rendered a decision on the non-eligible of persons who have rendered distinguished service to the State (hereinafter “instant disposition”) against the Plaintiff on the ground that “The instant injury and the Plaintiff’s performance of official duties should not have proximate causal relation between the Plaintiff’s performance of official duties and the Plaintiff’s performance of official duties,” on August 29, 2012, on the ground that the Defendant: “In light of the fact that the characteristics of military duties were not verified, and that there was a need to undergo an examination from the second year in high school, and that he was discharged from military service without medical treatment and received an ex-post ex-post removal of re-proced signboard in addition to the implementation

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 6, and 7 (if there are provisional numbers, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. On August 9, 2007, the Plaintiff’s gist of the Plaintiff’s assertion was only provided with a scarcity with a scarcity, which was irrelevant to the instant superior branch, and did not have received medical treatment in relation to the instant injury and disease. On February 24, 2009, when the Plaintiff was receiving education for the injury and disease, and when he was serving as a driver due to an excessive working condition and continuous and unreasonable education and training, the instant injury and disease occurred, or rapidly aggravated above natural progress.