국가유공자 및 보훈보상대상자 요건비해당결정처분취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
A. On August 25, 1979, the Plaintiff was discharged from military service on April 16, 1980.
B. On June 11, 2013, the Plaintiff asserted that he/she had committed several assaults against the Defendant during his/her initial training in the military service, and filed an application for registration of persons who have rendered distinguished services to the State.
The Defendant, following the deliberation of the Board of Patriots and Veterans Entitlement, determined on December 19, 2013 that the Plaintiff was not eligible for veteran’s compensation under the Act on the Honorable Treatment and Support for Persons of Distinguished Service to the State and Support for Persons of Distinguished Service to the State, and notified the Plaintiff thereof.
(hereinafter “each disposition of this case”). (c)
The plaintiff appealed against this and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on June 10, 2014.
[Ground of recognition] Unsatisfy, entry of Gap evidence 2, 4, and 5, argument and judgment of the whole pleadings
A. The Plaintiff asserted that the Plaintiff did not return to both parties after having entered the education and training process.
It is unlawful to recognize the plaintiff as a person of distinguished service on the ground that there is no relevant data even though the medical records, etc. for the plaintiff were not permanently stored.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. If a person is a soldier or policeman wounded on duty or a soldier or policeman on duty under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State or a person wounded in the course of performing his/her duty, such person shall be deemed wounded in the course of education and training or performing his/her duty.
According to Gap evidence No. 1, the plaintiff was issued by the hospital affiliated with the Busan National University on February 7, 1980: The name of the disease: The chronic chronitis and the treatment process on both sides.