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(영문) 서울행정법원 2014.06.12 2013구단21734

국가유공자요건비해당및보훈보상대상자요건비해당결정처분취소

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1. On July 24, 2013, the Defendant rendered distinguished services to the State and rendered distinguished services to the Plaintiff on July 24, 2013.

Reasons

1. Details of disposition;

A. On June 15, 2010, the Plaintiff entered the Army and discharged from military service at the Security Center of the Water Defense Headquarters on April 12, 2012. On January 21, 2013, the Plaintiff asserted that he/she had committed an accident that exceeds vadidi, during the night boundary operations (hereinafter “instant accident”), and applied for registration of a person who has rendered distinguished services to the State on the so-called “the so-called “the so-called “the so-called “the so-called “the so-called Hemar escape certificate” (hereinafter referred to as the “the instant difference”).

B. On July 24, 2013, the Defendant notified the Plaintiff of each of the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation on the ground that the occurrence of the instant injury did not have any details of medical treatment at the time of the instant accident, and that there was no proximate causal relation with the military duty.

[Ground of recognition] The fact that there is no dispute, Gap Nos. 1 and 2 (including a provisional number; hereinafter the same shall apply), and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The details of the Plaintiff’s medical treatment related to the Plaintiff’s pre-entry of the Plaintiff’s assertion before entering the military, were minor and limited to the extent of treatment, and only two months have passed since the Plaintiff participated in the certificate after the instant accident and did not receive proper medical treatment due to the continued military service. Thus, there is a proximate causal relation between the instant wounds and the performance of military service.

B. Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State provides that a soldier, etc. was wounded in the performance of duties or education and training directly related to national defense and security or the protection of people's lives and property (including a disease) and whose disability rating was determined as a result of a physical examination shall be a soldier or policeman wounded on duty. Article 2(1)2 of the Act on Support for Persons Eligible for Veteran's Compensation stipulates that soldier, etc. is wounded or ill during his/her duties or education and training that are not directly