beta
(영문) 인천지방법원 2015.05.12 2014구단110

국가유공자요건비해당결정처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 12, 2011, the Plaintiff was serving in the Army, and on June 27, 2013, the Plaintiff was suffering from the wounds of Hulibebrates and Huebrates, and applied for registration of persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation. However, on November 22, 2013, the Defendant rendered a decision that the aforementioned wounds do not constitute persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation on the ground that there is no proximate causal relation with the performance of military duties (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap 2, 3, 8, 9, Eul 1 and 2 (including virtual numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. After entering the Plaintiff’s assertion, the Plaintiff transported heavy equipment while serving as a maintenance soldier in the front line, or sought a permit to maintain a vehicle. In particular, during the combat preparations training conducted at the end of June 2012, the Plaintiff saw a military gun and carried heavy public firearms, and there was a brush pain. Since the brut pain aggravated due to a lack of appropriate treatment, it should be recognized as a person of distinguished service to the State or a person of distinguished service to the State or a person eligible for veteran’s compensation.

Therefore, the defendant's disposition of this case on a different premise is unlawful.

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

C. 1) On December 12, 201, the Plaintiff entered the Army on December 12, 201, and was assigned to the 26-mechanic search team B, and served as a watch keeping soldier.

B. On June 2012, the Plaintiff: (a) during the training process for combat preparation preparedness, the Plaintiff was under physical treatment at the large-scale stage due to brush pains; (b) however, (c) the symptoms are not improved, and (d) the Plaintiff did not show any symptoms.

7. On the 17th day of the same month and the 27th day of the same month, she was diagnosed as “vertebrate, vertebrate, spine vertebrate (L5-S1)” (hereinafter “the instant wounds”).

C. The Plaintiff on August 1, 2012