국가유공자등록거부처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts of the disposition are acknowledged by comprehensively considering the following facts: evidence No. 1-2, evidence No. 1-2, evidence No. 2, and evidence No. 4, evidence No. 1-1, 2, 3, and evidence No. 6 and the purport of the whole pleadings.
On April 16, 1966, the Plaintiff was appointed as a civilian military employee and retired on December 31, 1998. From November 1, 1970 to April 30, 1974, the Plaintiff served as a naval facility hold line and a naval aircraft B landing-off deck in the naval plant.
B. On July 29, 201, the Plaintiff, on the ground that he/she was diagnosed by the high-speed tuberculosis in the right angle due to the above injury (hereinafter referred to as the “instant injury”), filed an application for registration of a person of distinguished service to the State on the ground that he/she exceeded the working phase on February 29, 1973, and was injured by the Defendant.
C. On December 7, 2011, the Defendant rendered a decision on the non-conformity of the requirements for a person of distinguished service to the State on the ground that there is no proximate causal relation between the Plaintiff’s instant wounds and the performance of official duties (hereinafter “instant disposition”).
On December 23, 2011, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the said commission dismissed the Plaintiff’s appeal on May 15, 2012.
2. Whether the instant disposition is lawful
A. The Plaintiff asserted 1) On January 20, 1973, while driving a truck with building materials installed at B landing level and guiding the work of carrying them to the above landing schedule, the Plaintiff was sent back to the Armed Forces Armed Forces integrated Hospital for the Armed Forces by shocking the Plaintiff into the back part of the truck due to a failure to drive, and putting the Plaintiff on the right upper part of the back part of the truck. 2) The Plaintiff was infected with tuberculosis germs during the process of performing the operation, and thereafter, was infected with the injury in the course of the operation to the extent of Grade III disability due to the injury of this case.
3. Therefore, there is a proximate causal relation between the instant difference and the performance of official duties, and the instant disposition should be revoked as it is unlawful on a different premise.
(b) Facts subsequent to the facts of recognition are as follows: Gap evidence 3, 4, Gap evidence 6, 7, and .