국가유공자 및 보훈보상대상자 요건비해당결정취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On September 1, 1974, the Plaintiff entered the Army and was discharged from military service on March 31, 1975, and applied for registration of persons who rendered distinguished services to the State and persons eligible for veteran’s compensation to the Defendant on the ground that the Gansan Administrative School received education and training (hereinafter “instant wounds”) occurred. The Plaintiff applied for the instant wounds on January 31, 2018, and applied for registration of persons who rendered distinguished services to the State and persons eligible for veteran’s compensation.
B. However, on April 13, 2018, the Defendant incurred the instant injury directly due to the Plaintiff’s performance of duties or education and training directly related to the national defense security or the protection of the people’s lives and property.
No objective evidence was confirmed to prove that the instant wounds rapidly aggravated due to the direct cause of the performance of duties or education and training as above, and the performance of duties or education and training not directly related to the national security or the protection of the people's lives and property, which led to the instant difference.
Article 4(1)6 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment of Persons of Distinguished Services to the State”) and Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “Act”), were determined that the Plaintiff does not meet each of the requirements (hereinafter “each of the instant dispositions”).
[Reasons for Recognition] Uncontentious Facts, Gap evidence 2, Eul evidence 1, the purport of the whole pleadings
2. Determination on the legitimacy of each of the dispositions of this case
A. The gist of the Plaintiff’s assertion is that the Plaintiff had no past history or family ability as to the instant wounds, and that the instant wounds occurred due to urgency after having lost his mind while receiving education and training at the Busan Administrative School.