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(영문) 서울행정법원 2016.09.08 2015구단60207

국가유공자등록거부처분 등 취소 청구

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1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On December 31, 1975, the Plaintiff entered the Army and served until October 31, 1989. On November 1, 1989, the Plaintiff began to serve as a Class-V civilian military employee at the Headquarters 7 and retired on June 30, 2012.

On August 2, 1996, the Plaintiff was subject to a traffic accident while on duty (hereinafter “the instant accident”), and was diagnosed by the following: (a) the climatic, the climatic, the scopical, the scopical, the scopical base, the scopical, the scopical base and the scopical base, the 2, and the 3rd-in drilling, the 6-7 trend, the 4-5 trend, and the 5th-1,00 emergency signboard escape certificate (hereinafter “the instant accident”) and provided medical care for official duties until March 31, 201.

On July 21, 2014, the Plaintiff filed an application for registration of a person who has rendered distinguished services to the State or a person eligible for veteran’s compensation on the ground of the instant wounds, and the Defendant rendered a disposition to not approve the Plaintiff’s application (hereinafter “instant disposition”) on November 5, 2014, on the ground that the instant wound was a sediative disease, which caused the Plaintiff’s performance of duties or education and training (hereinafter “instant wound”).

[Ground of recognition] The plaintiff was involved in the accident of this case while he was on board a motor vehicle in order to perform special duties, such as selecting a sergeant who was transferred to BB headquarters, and was subject to medical treatment for official duties as to the difference in the case caused by Gap's 1 through 3, 8, 9, 14, and 15 (including various numbers), and the purport of the entire argument of this case as to whether the disposition of this case is legitimate.

The Plaintiff had no symptoms prior to the instant accident, and even based on the diagnosis data obtained immediately after the instant accident, entered that the instant accident occurred due to external wounds. Since the Plaintiff obtained approval for medical treatment on official duties, the instant difference was caused by the instant accident.

Therefore, the defendant's disposition that did not recognize the plaintiff as a person of distinguished service to the State or a person eligible for veteran's compensation is unlawful.