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(영문) 전주지방법원 2016.05.19 2013구합1666

보훈보상대상자등록거부처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On February 26, 1998, the Plaintiff entered the Army and discharged from active service as a wounded soldier on August 28, 1999. On October 5, 1999, the Plaintiff filed an application for registration of a person of distinguished service to the State on the ground that a chronic organ infection occurred while serving in the military. However, on February 11, 200, the Defendant rendered a non-applicable disposition to the person of distinguished service to the State.

B. In other words, on July 16, 2012, the Plaintiff re-entered the Defendant with “confection, high blood pressure, and dead body infection” (hereinafter “instant wounds”).

Although the Defendant filed an application for the registration of a person eligible for veteran's compensation on December 14, 2012, on the ground that the instant wounds were not recognized to have been caused or aggravated due to the performance of military duties, the Defendant is entitled to the disposition of this case "the disposition of this case (hereinafter referred to as "the disposition of this case") against the Plaintiff."

(c) On January 15, 2013, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on May 14, 2013. [In the absence of any dispute over the grounds for recognition, the entries in Gap’s 1, 2, Eul’s 1, 2, and Eul’s 1, 2, 9, and 10, and the purport of the entire pleadings, as a whole.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that his blood pressure was within the normal range at the time of the physical examination for the illness, and entered the first grade after being judged as having been, due to stress in military service and overwork, etc., and then, his blood pressure was high, and that the blood pressure was caused or aggravated due to the high blood pressure, and thus, there is a proximate causal relation between the instant wound and the Plaintiff’s military service during his duty. Thus, the instant disposition made on a different premise is unlawful.

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

C. Determination 1) Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (including diseases in official duties in education and training or in the performance of duties).

“A soldier or police officer” means education and training for military personnel or police officers.