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(영문) 제주지방법원 2016.12.28 2014구합5570

국가유공자요건비해당결정취소

Text

1. On November 12, 2014, the Defendant’s decision that constitutes a person of distinguished service to the State shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On March 15, 2011, the Plaintiff entered the Army and served in the facilities support team for the Korea Army Academy at Army, and was diagnosed by the Armed Forces Daegu Hospital as a red brux for telegraph (hereinafter “instant injury”) on June 13, 201, and was discharged from the military service on August 17, 2011.

B. The Plaintiff filed an application for registration of a person who rendered distinguished service to the Defendant on three occasions. However, the Board of Patriots and Veterans Entitlement deliberated and decided on February 28, 2012, June 13, 2012, and October 28, 2014 on the ground that “it is difficult to acknowledge a proximate causal relationship between the Plaintiff’s service branch and the Plaintiff’s service branch of the instant case and the Plaintiff’s service branch” on the following grounds:

C. On June 25, 2014, the Plaintiff submitted a notice of the results of a physical examination for conscription and written confirmation of medical treatment to the Defendant, and again applied for re-registration of persons who rendered distinguished services to the State to the Defendant. However, the Board of Patriots and Veterans Entitlement decided on November 12, 2014 that “it is difficult to recognize a proximate causal relationship between the instant higher branch and the Plaintiff’s performance of official duties in the military,” as in the previous case, the Defendant rendered a non-competent decision to the Plaintiff as to the Plaintiff on

(hereinafter referred to as “instant disposition”). / [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 and 2 (including virtual numbers), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. Since the Plaintiff did not have the instant injury or disease similar thereto before entering the military, there is a proximate causal relation with the Plaintiff’s education and training or performance of duties in the instant injury or disease.

Nevertheless, the instant disposition was unlawful on a different premise.

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

C. 1) The Plaintiff was judged to be on active duty in a physical examination for conscription and on March 15, 201, and was on the part of the 31st Army Education Team at the 31st Army.