국가유공자비해당결정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On May 22, 1969, the Plaintiff entered the Army and was discharged from military service at the 15th Military Service Corps, and was discharged from military service on April 22, 1972.
B. On December 19, 2013, the Plaintiff asserted that he suffered from the wounds of “head injury” (hereinafter “the instant wound”) from officers in the military service, and applied for registration to the Defendant of distinguished service to the State. However, on June 27, 2014, the Defendant rendered a decision on the non-competent disposition of distinguished service to the State (hereinafter “instant disposition”) on the ground that “the Plaintiff is not deemed to have suffered from the instant wound due to the performance of military duties”).” against the Plaintiff on June 27, 2014.
【Ground of recognition】 The fact that there has been no dispute, entry in the evidence Nos. 3, 6, 7, 11, and 12, and the purport of the whole pleading
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that he was the phone call of the officer who was on duty in the military and brought about to receive a house while serving in the military, and that he was found to be the senior officer in the math field of mathal and mathal, and that he was found to be the senior officer, and that he did not work properly from an officer in the situation room, the Plaintiff suffered a serious difference in the instant case on the head side on the ground that he did not work properly from an officer in
Therefore, the instant difference constitutes a difference that occurred during the performance of military duties according to the instruction of a senior officer, and thus, the Defendant’s disposition of this case is unlawful.
B. The term "an injury during education and training or in the performance of duty (including a disease in the line of duty)" under Article 4 (1) 6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State refers to the injury or disease of a soldier or police officer during education and training or in the performance of duty. Thus, in order to be different from the above provision, there should be a proximate causal relation between education and training or in the performance of duty and the injury or disease, and the causal relation between the injury and the injury should be proved by the
Supreme Court Decision 2003No. 2003