국가유공자 및 보훈대상자 요건비해당결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On December 15, 1959, the Plaintiff entered the Army as Staff sergeant, and was removed on November 21, 1962, and filed an application for registration of a person of distinguished service to the State with the Defendant on March 4, 2016, asserting that “A military support operation was carried out on the Han River bridge, on May 16, 1961, on which the other party was serving on the left side (hereinafter “the other party was suffering from the difference in the case”).
B. On July 14, 2016, the Defendant rendered a decision on the Plaintiff’s non-conformity of the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that it is difficult to see that the instant difference occurred in the performance of duties or education and training directly related to national security, etc., and it is difficult to deem that the instant difference occurred in the performance of duties or education and training not directly related to national security.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 5 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings
2. Whether the instant disposition is lawful
A. According to the Plaintiff’s respective diagnosis and the confirmation document of confirmation by the Army Chief of Staff submitted by the Plaintiff, the fact that the Plaintiff was injured in the instant case can be known, and in light of the records inquiry results by the Army Records Information Management Committee, and the fact confirmation by B, etc., it is obvious that the Plaintiff was injured in the course of performing his/her duties, but the instant disposition made on a different premise
B. Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State provides that soldiers, etc. are directly related to national security or the protection of people’s lives and property.