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(영문) 광주고등법원 2014.12.18 2014누5025

국가유공자요건비해당결정취소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On August 31, 2010, after entering the Army, the Plaintiff was assigned to the 5th Group B C group, and served as sprinked 60 meters for 3 persons. Around December 2011, the Plaintiff was transferred to the B group headquarters, and was discharged on June 9, 2012.

B. On June 27, 2012, the Plaintiff filed an application for registration with the Defendant on the ground that “The number of persons who have rendered distinguished services to the State, while disposing of general garbage at the Large Waste Resources Collection Office on February 2, 2011, was caused or aggravated due to the occurrence or aggravation of the cryp cryping escape symptoms on the top of April 5, 201 (hereinafter “the instant difference”) due to continuous and repeated training in the military unit, on the ground that “The number of persons who have rendered distinguished services to the State, including the regular account, was going against the will to load garbage, going up with the vehicle, going up with the will, going up with the wind, going up with the will of the vehicle, and coming up with the will of the chair, etc., and caused the occurrence or aggravation of the cryp escape escape certificate

C. Accordingly, on February 1, 2013, the Defendant rendered a non-conforming decision to the Plaintiff on the ground that there is no proximate causal relation between the occurrence or aggravation of the instant wound and the Plaintiff’s performance of official duties (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 (including paper numbers; hereinafter the same shall apply), Eul evidence 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion did not have been affected by any sacrificing or treatment on the current account before entering the Plaintiff. While treating general garbage at the waste-generating facility in large waste resources, the occurrence or aggravation of the current account is caused to the high sacratization on the left and right side, and even if the Plaintiff did not face an accident that caused the high sacratization, the current account remains in a potential condition, and thus, the occurrence or aggravation of the current account and the Plaintiff’s performance of official duties are between the occurrence or aggravation of the current account and the Plaintiff’s performance of official duties.