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(영문) 창원지방법원 2019.09.05 2018구합51568

국가유공자및보훈보상대상자비대상결정취소

Text

1. The Defendant’s disposition pertaining to the requirements of a person who rendered distinguished service to the Plaintiff on April 3, 2018, which was not deemed to constitute “nearing and Lee Jong-chul.”

Reasons

1. Details of disposition;

A. On August 1, 1983, the Plaintiff was discharged from military service on January 14, 1984, and was discharged from military service on June 30, 2017, after he was discharged from military service on the ground that he was discharged from military service.

B. On July 13, 2017, the Plaintiff filed an application with the Defendant for registration of a person who rendered distinguished services to the State or a person entitled to veterans benefits on the ground that the Plaintiff’s application for “Sekne injury, glae injury, and gale injury, two earer injury, knee injury, finger, and left-hand shoulder injury.”

C. On April 3, 2018, the Defendant decided to the Plaintiff on April 3, 2018 that “the deliberation by the Patriots and Veterans Deliberation Committee would not meet the requirements for persons who rendered distinguished services to the State and the requirements for persons eligible for veteran’s compensation.”

(hereinafter “Disposition in this case”). 【No dispute exists, Gap 1, 2, 3, 1, and the purport of the entire pleadings

2. Whether the disposition of this case is legitimate;

A. The Plaintiff asserted that a disease, such as a shoulder injury, was caused due to failure to receive timely treatment during military service, such as various training, during the performance of duties or education and training, or due to the failure to receive timely treatment.

(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 Service to the State (hereinafter “Act on the Honorable Treatment and Support of Persons, etc.”) requires that “military personnel, etc. have suffered wounds in the performance of duties or education and training directly related to national security or the protection of people’s lives and property” as the requirements of soldiers and police officers, and Article 2(1)2 of the Act on the Support for Persons Eligible for Veteran’s Compensation (hereinafter “Act on the Honorable Treatment of Persons, etc.”) requires that “military personnel, etc. have suffered wounds during their duties or education and training, which are not directly related to national security or national life and property protection” as the requirements of the Presidential Decree on the Compensation for Persons, etc. of Distinguished Services to the State.

In other words, the performance of any kind of duties; or