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(영문) 광주지방법원 2018.11.15 2017구단10350

국가유공자 및 보훈보상대상자등록거부취소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of disposition;

A. On August 31, 2015, the Plaintiff entered the Army, and was discharged from military service on November 21, 2016. Around August 201, 2016, the Plaintiff was diagnosed as a trajection in an electric university hospital (hereinafter “the instant injury”).

B. On December 1, 2016, the Plaintiff filed an application with the Defendant for registration of persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation on the ground that the Plaintiff had been infected with the track training register (hereinafter in this case’s injury and disease) due to imprudent meals and heavy duties while carrying out the operations of the Z from March 1, 2016 to August 1 of the same year.

C. On March 7, 2017, the Defendant: (a) caused the instant injury to the Plaintiff during the performance of military duties or education and training directly related to the national defense, etc.

It is not recognized that there was a proximate causal relation with the performance of military duties or education and training and caused the occurrence or aggravation of the obligation of the plaintiff, and "the disposition of this case" is "the disposition of this case" to the plaintiff.

[The facts without dispute over the basis for recognition, Gap evidence No. 1, Eul evidence No. 1-1, the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The plaintiff asserted that the plaintiff was dispatched as a driver of the search team, and carried out diversing operations (the construction of a dust from the ground), distribution operations (GP transporting food), and security operations (the duty of moving to a critical area such as mountain, etc.) in the mountain. In particular, since the plaintiff carried out an irregular meal and an excessive work in the course of carrying out the operations for the operation for the operation of the dZ (a tree removal operations) from March 2016 to August 2016, the disease of this case occurred, and thus, there was a proximate causal relation between the performance of official duties or education and training in the branch of the above service of this case. Thus, the disposition of this case is unlawful.

(b) as shown in the attached Form of the relevant statutes;

(c) the Act on Persons of Distinguished Services to the State.