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(영문) 의정부지방법원 2014.06.16 2013구단2127

국가유공자등록비해당처분취소

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. The plaintiff was discharged from military service on March 31, 1972 on June 26, 1965, and was dispatched from Vietnam on April 2, 1969 to June 10, 1971.

B. The Plaintiff asserted that, in Vietnam War War War War War War, five upper and lower and three lower parts were lost (hereinafter “instant wounds”), and filed for registration with the Defendant to have rendered distinguished services to the State.

C. On the ground that the Defendant, on August 13, 2013, determined that the Plaintiff constituted a person eligible for veteran’s compensation under the Act on Support for Persons Eligible for Veteran’s Compensation, on the grounds that the Plaintiff was not deemed to have suffered from the instant injury during the performance of duties or education and training directly related to national defense, security, or the protection of people’s lives and property.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1 and 3 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

가. 원고의 주장 원고는 월남전에서 매복작전 중 적군이 설치해 놓은 부비튜랩을 피하다가 넘어져 치아 3대가 파손되고 병원에 후송된 후 치아 5대가 더 빠져 이 사건 상이에 이르렀으므로, 이 사건 상이는 국가의 수호, 안전보장과 직접적인 관련이 있는 직무수행 중 입은 것이다.

Therefore, the instant disposition made on a different premise is unlawful.

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

C. (1) Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State provides that “the person discharged from military service or retired from military service by suffering from wounds (including diseases) in the performance of duties or education and training directly related to national defense or security, or the protection of people’s lives and property.” The specific criteria and scope of Article 4(2) of the same Act are as follows.