국가유공자등록거부처분취소
1. The judgment of the court of first instance is modified as follows.
The Defendant rendered distinguished services to the State on January 3, 2012.
1. Details of the disposition;
A. After entering the Air Force on June 1, 1975, the Plaintiff served as the chief navigator of the operation management team of the Air Force B flight team from January 2, 1997, and was discharged from military service on August 31, 2010.
B. On May 24, 2010, the Plaintiff filed an application for registration with the Defendant for registration of a person who rendered distinguished services to the State, asserting that “The Plaintiff was suffering from the wounds, such as Non-Abelle, Malisung (hereinafter collectively referred to as “each of the foregoing wounds”) due to long-term exposure to noise in the process of checking airfield runways during the military service and the eradication of the runway landings.”
After deliberation by the Board of Patriots and Veterans Entitlement, on January 3, 2012, the Defendant rendered a non-specific decision-making disposition on the ground that “the proximate causal relation between the instant wounds and the performance of military duties is not recognized” (hereinafter “instant disposition”) to the Plaintiff.
C. On January 9, 2012, the Plaintiff appealed against the instant disposition and filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but the claim was dismissed on June 5, 2012.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 1 and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. From January 2, 1997 to August 31, 2010 after entering the Plaintiff’s assertion, the Plaintiff was exposed to noise, such as firearms, vehicle horns, sirens, sirens, etc., during a long period of up to 13 years and eight months from January 2, 1997 to August 31, 201, when serving as the flight management team leader of the Air Force B flight Team Operation Control Team, and each of the instant injuries occurred to the Plaintiff. Since there is a proximate causal relation between the instant wounds and the military performance of their duties, the Defendant’s disposition based on the different premise is unlawful.
(b) Entry in the attached Form of relevant statutes;
C. 1) The duties of the Plaintiff’s working environment, etc. (A) the operation of the navigation support team are the main duties of the navigation support team, and the operation vehicle to which the Plaintiff belongs.