beta
(영문) 부산지방법원 2018.05.30 2017구단750

국가유공자 및 보훈보상대상자 요건비해당처분취소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The plaintiff was born, entered the Army on February 6, 2001, and was discharged from military service on April 8, 2003.

B. On April 6, 2017, the Plaintiff filed an application with the Defendant for registration of persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation on the ground that the Plaintiff’s military service led to the occurrence of a debrison and early injury, but the Defendant is the first injury and disease of the Defendant on July 27, 2017.

In the case of this, it is difficult to recognize a causal relationship with military service, as well as the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State because the person has already been completely cured and has not been bequeathed or merged.

The Act on the Support for Persons Eligible for Veteran's Compensation(hereinafter referred to as the "Act on Veterans and Veterans' Compensation(hereinafter referred to as the "Act").

It does not constitute a soldier, police officer, or police officer, but is not a soldier, police officer, or police officer, or police officer, or police officer, or police officer.

In the case of this case, since it is difficult to recognize a causal relationship with military service, it does not constitute a soldier or policeman requirements prescribed by the Act on Persons of Distinguished Service to the State and a soldier or policeman requirements prescribed by the Act on Persons of Distinguished Service to the State and the Act on Persons of Distinguished Service to the State.

A. [In the absence of dispute over the grounds for recognition, Gap evidence 1, Gap evidence 4-1, 2, Gap evidence 5, Eul evidence 1 and 2, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion 1) Although the Plaintiff tried to go to a hospital due to weather, high heat, etc. after entering the military, it did not receive medical treatment on the ground that he/she was suffering from illness. On April 12, 2001, the Plaintiff was diagnosed as the first injury and disease in the instant case and was hospitalized, but its symptoms continue to exist up to now. (2) The Plaintiff was cruel after entering the military, such as being iced frequently at the time of Taekwondo or training for special military affairs, and the Plaintiff was suffering from the second injury and disease in the wind of the instant case from a military police officer for three days.