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(영문) 대전고등법원 2015.04.23 2014누10491

국가유공자요건비해당결정처분취소

Text

1.The judgment of the first instance shall be modified as follows:

The defendant rendered distinguished services to the State on November 7, 2013.

Reasons

1. Details of the disposition;

A. On March 28, 1974, the Plaintiff graduated from the Korea Army Academy at Army, and was discharged from military service on January 31, 2006 by the Presidential Decree on March 28, 1974.

B. On April 11, 2013, the Plaintiff filed an application for registration with the Defendant for registration of a person who rendered distinguished services to the State on the ground of the difference between “the two sides of the scambal schill, eye, and neck” (hereinafter “instant difference”).

C. On November 7, 2013, the Defendant rendered a decision against the Plaintiff on a non-conformity of the requirements for persons who rendered distinguished services to the State (a person who rendered distinguished services to the State, a soldier or a veteran’s compensation) (hereinafter “instant disposition”) for the following reasons.

(1) It is difficult to see that an official skill has been caused by satisfaction with the blood transfusion outside the left-hand booming part, and thus, it is difficult to deem that there is a public figure. A person sustained an injury during the performance of duties or education and training directly related to national security, etc.

(2) In addition, it is difficult to deem that the Plaintiff’s written diagnosis submitted was made more than 15 years after the award, and it is difficult to confirm the causal relationship with the military service. In addition, it is difficult to confirm the causal relationship between the military service and the military service, as it was made after the lapse of 15 years after the award, the injury was incurred during the performance of duties or during education and training directly related to the national security, etc.

(2) Each entry and evidence Nos. 1, 3, and 1 and 2 (including the number of pages; hereinafter the same shall apply), and the purport of the whole pleadings, as a whole, do not seem to have been caused or aggravated due to the proximate causal relation with the military performance of official duties. [Grounds for recognition] The fact that there is no dispute, each entry and evidence Nos. 1, 3, and 1 and 2 (including the number

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is that of the B-Organizational Manpower Office on December 1, 1997.