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(영문) 서울고등법원 2017.01.23 2016누68214

보훈보상대상자 요건비해당처분 취소

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the instant case is the case seeking revocation of the disposition by the Defendant on the ground that the Defendant’s disposition rejecting an application for registration of a person eligible for veteran’s compensation based on Article 2(1)2 of the Act on the Support for Persons Eligible for Veteran’s Compensation (hereinafter “ Patriots and Veterans Compensation Act”) was unlawful, by asserting that the Plaintiff was diagnosed as Wloff-Pkinson-Whitedon-Whiteer (hereinafter “WPWar”) during military service and received an operation at the National Armed Forces Water Hospital and caused “the blocking of the whole part of the part of the part of the part of the part of the part of the person eligible for veteran’s compensation,” and that such disposition was unlawful.

The judgment of the first instance dismissed the Plaintiff’s claim on the ground that there is no proximate causal relationship between the Plaintiff’s occurrence and aggravation of the entire prevention of loss and the Plaintiff’s performance of duties or education and training as a soldier, and the Plaintiff appealed against this.

[Attachment of the relevant Acts and subordinate statutes]

B. Consumed factual basis 【Evidence 【A” 1, 2, 3, and 1, and the purport of the entire pleadings (i.e., the Plaintiff entered the Army on January 22, 2013 and was discharged from active service on February 10, 2014. The Defendant is delegated with the authority to register and decide persons eligible for veteran’s compensation pursuant to Article 74(1) of the Patriots and Veterans Compensation Act and Article 91(1)1 of the Enforcement Decree of the Patriots and Veterans Compensation Act.

The Plaintiff, around December 13, 2013, was diagnosed by WPW Climate at the Armed Forces Capital Hospital, and on December 24, 2013, at the National Defense Capital Hospital, WPW W WP ex post facto, the Plaintiff was subject to diofrequcy (radiquicy). In the process of the operation, the complete blocking occurred during the operation.

⑶ 원고의 국가유공자 및 보훈보상대상자 등록신청과 피고의 거부처분 ㈎ 원고는 2014. 2. 18. 피고에게 완전방실차단을 상이로 하여 국가유공자 등록신청을 하였다.

㈏ 피고는 국가보훈처...