국가유공자및보훈보상대상자비해당결정처분취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Summary of disposition;
A. On December 16, 1972, the Plaintiff entered the Army and was discharged from military service on September 30, 1974, and around 2000, the Defendant filed an application for registration of persons of distinguished service to the State on the ground that “The Plaintiff was mobilized to gather brooms to make brooms during military service on May 1974, and was faced with injuries to the left side 1, 2, 3 handball cutting of brooms (hereinafter “the instant wounds”). Accordingly, the Plaintiff constitutes a soldier or policeman on duty.”
B. Accordingly, on October 13, 2000, the Defendant rendered a disposition of refusal to register a person of distinguished service to the State (hereinafter “previous disposition”) on the ground that “the causal relationship between the instant wounds and the official duties is difficult to be recognized.”
Therefore, the plaintiff filed a lawsuit against the above rejection disposition, but on August 30, 2001, the court of this case (2001Gu73) rendered a final judgment dismissing the plaintiff's claim on the grounds that "it is difficult to recognize the circumstances leading to the difference in the plaintiff's assertion," and appealed, but on May 17, 2002, the Busan High Court (2001Nu4108) rendered a final judgment dismissing the plaintiff's appeal.
In addition, the above judgment was finalized on June 11, 2002.
C. On June 16, 2018, the Plaintiff filed an application for registration of persons of distinguished service to the State with the Defendant on the ground that “the Plaintiff completed cleaning of the ammunition with the direction of the commander during the first place of service in the ammunition on July 2, 1974, and he was sent to the first place in the Blue House with an article such as the Blue House 쇠s, and he was injured due to explosion of the article, and the Plaintiff sustained an injury that would be well injured.” On December 27, 2018, the Defendant filed an application for registration of persons of distinguished service to the State on the ground that “It is difficult to recognize causation between the Plaintiff and the person of distinguished service to the State on the ground that there is no specific evidence such as the circumstance of the injury and the name of the disease, etc. supporting the fact of the injury, and thus, it is difficult to recognize the causal relationship between the instant and the person of distinguished service.”
(c).