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(영문) 대구지방법원 2017.01.13 2016구단10683

국가유공자요건비해당결정취소

Text

1. The intermediate confirmation lawsuit in the instant lawsuit shall be dismissed in entirety.

2. Of the instant lawsuit, the main claim is dismissed.

3...

Reasons

1. Details of the disposition;

A. (1) The plaintiff entered the Army on August 3, 1998 and was discharged from active service on October 2, 200, when serving as the driver of the military on the part of the plaintiff, who was discharged from active service.

(2) The Plaintiff filed an administrative litigation in accordance with the following, on the basis of the difference between the application and the application for “scambling of the current account or both sides.”

B. On October 1998, the Plaintiff filed an application for registration of a person of distinguished service to the Defendant on June 19, 2003, on the ground that the Plaintiff got a high refund to the left-hand side while receiving education and training for a new illness on or around October 1998, and thereby there remains an obstacle to “an account for high refund to the left-hand side”.

(2) On January 10, 2004, the Defendant rendered a disposition of non-conformity with the requirements of a person who rendered distinguished service to the Plaintiff on the grounds that it is difficult to recognize causation between the occurrence or aggravation of the above wounds and the performance of military duties, considering the fact that the injury and the above wound were caused in addition to the Plaintiff’s statement, given that there is no specific and objective evidence to prove that the injury and the wound were caused

(3) The plaintiff appealed and filed an administrative litigation to this court, but the judgment dismissing the plaintiff's claim was pronounced, and the above judgment became final and conclusive on December 9, 2005 by the Supreme Court's dismissal of appeal.

C. In other words, the Plaintiff filed an application for registration with the Administrator of the Seoul Regional Veterans Administration on July 27, 2006, on the ground that the “nick Account Mack” was created or aggravated due to severe physical activities during military service and old military training, etc.

(2) On October 20, 2006, the head of the Seoul Regional Veterans Administration rendered a non-applicable disposition against the Plaintiff on the ground that there is no proximate causal relation between the Plaintiff’s occurrence and aggravation of the above wounds and the Plaintiff’s performance of official duties as a soldier.

(3) The Plaintiff appealed and filed an administrative litigation with the Seoul Administrative Court, but the Plaintiff’s claim.