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(영문) 부산고등법원(창원) 2014.09.25 2013누1839

국가유공자등록거부처분취소

Text

1. Revocation of a judgment of the first instance;

2. The Defendant rendered a decision on February 7, 201 that constituted the requirement of a person who rendered distinguished service to the Plaintiff.

Reasons

1. Details of the disposition;

A. On April 16, 1966, the Plaintiff was appointed as Class 8 civilian employees on deck, and served as a naval facility hold line from November 1, 1970 to April 30, 1974 and as the deck for the naval plant B landing zone in the naval facility and the naval equipment leave on December 31, 198.

B. On July 29, 201, the Plaintiff filed an application for registration with the Defendant on the ground that the Plaintiff was diagnosed by the Defendant as being in the process of work and sustained an injury to the right high-speed pipe (hereinafter “instant accident”), and due to the said injury, he/she received the diagnosis of the “high-speed tuberculosis infection in the front side” (hereinafter “the instant injury”).

C. On December 7, 2011, the Defendant rendered a decision that deemed the requirements for a person of distinguished service to the State on the ground that “the proximate causal relation between the Plaintiff’s instant wounds and the performance of official duties is not recognized.”

(hereinafter “instant disposition”) D.

On December 23, 2011, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on May 15, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 2, 4, Eul evidence 1-1, 2, 3, and 6, and the purport of the whole pleadings

2. The instant disposition is unlawful on the grounds under the Plaintiff’s assertion.

On January 20, 1973, the Plaintiff got injured by the back part of the truck due to the failure to drive the truck driver while guiding the work of loading the building materials by towing the truck at the landing level.

The plaintiff sent back to the Korean Armed Forces Armed Forces, received a high-level operation and treatment. Since the part of the injury was infected by tuberculosis germs in the course of the operation and treatment, and suffered from the injury in this case, there is a proximate causal relation between the injury in this case and the plaintiff's performance of official duties.

3. It is as stated in the attached Form of the relevant statutes.

4. Determination

A. The plaintiff entered the Army on February 17, 1961 and was discharged from active service on January 11, 1964.

The plaintiff on January 20, 1973. B.