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(영문) 부산지방법원 2017.06.28 2015구단2110

국가유공자비해당결정처분 취소

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 the disposition;

A. On November 17, 1997, the Plaintiff entered the Air Force and was discharged from military service on March 31, 2002 after he was discharged from military service on April 1, 1998.

B. On June 9, 2014, the Plaintiff filed an application for registration with the Defendant for registration on the ground that there was an accident or occupational accident that occurred while on-the-job training, etc. (hereinafter “the first injury or disease in this case”) such as a fest snow, tear, or tear, or occupational accident (hereinafter “the first injury or disease”).

C. On December 22, 2014, the Defendant: (a) deemed that there was no specific and objective evidence that the first injury and disease of this case, other than the Plaintiff’s statement, was caused by a causal relation with the military performance of official duties; (b) it is difficult to recognize that the first injury and disease of this case was caused by a proximate causal relation with the performance of duties or education and training directly related to the national defense, security, etc.; or (c) it was caused by an excessive causal relation with other duties or education and training; and (d) it does not constitute “military injury and disease” under Article 2(1)2 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State (hereinafter “the Act on the Honorable Treatment of Persons, etc. of Distinguished Services to the State”).

(hereinafter “instant disposition”) D.

On March 10, 2015, the Plaintiff filed an administrative appeal, but the Central Administrative Appeals Commission rendered a ruling dismissing all the Plaintiff’s claims on August 18, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including additional numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion did not have any physical injury before entering the military, but when receiving special skills education after entering the military, the plaintiff's assertion shows to the right eye on the areas of the steel sprinked in firearms with the quality of firearms and the right eye.