국가유공자 등 요건 비해당결정처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. After entering the Gun on April 23, 2013, the Plaintiff was discharged from military service on March 24, 2014, while serving as an engine gun in the 9th volunteer group, and the “Anchomathy” (hereinafter “the instant injury”).
B. On April 17, 2014, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State and a person eligible for veteran’s compensation on the ground that the instant injury was caused by overwork and stress in the course of training for the exercise of the Armed Forces Day while serving in the military.
C. Accordingly, on October 13, 2014, the Defendant rendered a decision-making disposition against the Plaintiff on the ground that “this case’s injury and military performance of official duties have no objective data to prove the proximate causal relationship between the two persons of distinguished service to the State and the person eligible for veteran’s compensation” (hereinafter “instant disposition”).
【Ground of recognition】 The fact that there is no dispute, Gap evidence 1-2, Gap evidence 10, Eul evidence 1, Eul evidence 1, 2, 6, 7, the purport of the whole pleadings, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that he was admitted to the military in a healthy state without any particular disease. The Plaintiff was released from the military unit for the event of the Armed Forces Day in a state that he was unable to properly adapt to the military life immediately after the dispatch of the military, and was accumulated in extreme tension and stress from July 10, 2013 to July 17, 2013, while conducting food training and training for the said event, and led to the occurrence of the instant wounds or aggravation of their natural progress.
Therefore, since the outbreak of the instant wounds has a proximate causal relation with the military performance, the prior Defendant’s disposition was unlawful on a different premise.
(b) 1) Article 4 (1) 6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, and Article 2 (1) 2 of the Act on Support for Persons Eligible for Veteran’s Compensation (including diseases caused in the line of duty in the course of education and training or in the course of performing duties;
for purposes of this chapter.