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(영문) 대구지방법원 2016.12.09 2015구단11160

보훈대상자요건비해당결정등취소

Text

1. On August 27, 2014, the Defendant’s disposition against the Plaintiff as a person eligible for veteran’s compensation is revoked.

2...

Reasons

1. Details of the disposition;

A. On August 15, 1973, the Plaintiff entered the Army and was discharged from the Republic of Korea under the Presidential Decree on April 30, 2008. On September 2, 2004, the Plaintiff: (a) performed a safety inspection of the basic shooting ground; (b) went away from the gnee scare course; (c) completed an operation on the left side of the knee knee scare; (d) on January 1, 2008, the Plaintiff got out of the gnee knee knee in the course of a new military unit event; and (b) completed an operation on the right side knee knee sne (hereinafter “instant No. 1”); and (c) on December 31, 2013, the Plaintiff applied for the registration of a person of distinguished service to the State to the Defendant on December 31, 2013.

B. On August 27, 2014, the Defendant rendered the instant disposition against the Plaintiff on the ground that each of the instant wounds was caused or aggravated by proximate causal relation with military duties or education and training (the instant disposition pertaining to the Plaintiff’s non-conformity of the requirements for persons eligible for veteran’s compensation that the Plaintiff raised among the instant disposition was not considered to have been caused or aggravated.

C. The Plaintiff appealed and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed on April 21, 2015.

【Fact-finding without dispute over the ground for recognition, entry of Gap evidence 1, 2, and 29, and purport of the whole pleadings

2. Whether the disposition is lawful;

A. On March 28, 2003, while serving in the Plaintiff’s alleged military service, after checking the actual condition of support for the maintenance of coastal monitoring equipment on March 28, 2003, the Defendant was injured to the right-hand knee and was injured. On September 2, 2004, while inspecting the external knee course in the basic oil shooting ground, the Defendant was injured while performing military duties, such as falling from kne trees on the ground and getting injured to both sides, and thus, each of the instant wounds occurred. Therefore, the Defendant’s veteran’s compensation requirement is satisfied.

B. The facts of recognition (1) The plaintiff, including the plaintiff's military living, graduated from the Military Academy of Korea on September 3, 1975 and was appointed as an officer. In the examination of physical strength in 191, the first class and the first class since 1994.