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(영문) 서울행정법원 2017.05.26 2015구단62838

국가유공자 및 보훈보상대상자 요건 비해당 결정 취소

Text

1. On November 16, 2015, the Defendant’s disposition against the Plaintiff on November 16, 201 to constitute a non-conformity of the requirements for a person of distinguished service to the State.

Reasons

1. Details of the disposition;

A. On October 195, the Plaintiff (B) entered the Special Field Education Team and completed education and training, and entered the Staffhouse around April 1996, and thereafter from around the above time to the fire officer in charge of the 13th of the Special Field of the Military Demand from around December 2002, and from around December 2002, the Plaintiff (B) served as the 60m from C’s solidarity leader.

On December 31, 2007, it was discharged from military service.

B. On January 27, 2015, the Plaintiff asserted that he/she suffered from the wounds of “vertebal disease,” “scarcity chronic instability,” and “scarcity,” while serving in the military, applied for registration of himself/herself as a soldier or policeman on duty or a soldier or policeman under Article 2(1)2 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, etc. of Distinguished Services to the State”), but the Defendant rejected the Plaintiff’s application on November 16, 2015 on the ground that proximate causal relation between the Plaintiff’s performance of duties or education and training, and the occurrence of the foregoing wounds cannot be acknowledged.

(hereinafter) In the instant case, “the well-known name” is “the instant injury,” and the disposition of non-conformity to the requirements for persons who rendered distinguished services to the State regarding the instant injury is referred to as “the instant disposition”). 【The ground for recognition” did not exist, and the purport of the entire pleadings and arguments are written in Gap evidence Nos. 6, Eul evidence Nos. 1, 2, and 4.

2. Whether the instant disposition is lawful

A. On October 195, 1995, the Plaintiff asserted that he was suffering from symptoms during the first time while undergoing shooting training, but started military service without receiving any particular treatment.

Since then, the plaintiff was frequently exposed to noise in the course of shooting training conducted by serving as the fire officer in the special brigade of the 13th Public Demand, and in the D company as the head of the D company, 60 meters wide, and the symptoms of scam and scam have deteriorated. Therefore, there is a proximate causal relation between the plaintiff's performance of duties, etc. and the occurrence of the difference in this case.

Therefore, it is issued on different premise.