국가유공자요건비해당결정취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. On December 21, 2010, the Plaintiff entered the Army and served in accordance with the 57th company of the 23th company of the 27th company jointly and severally, and was discharged from military service on September 24, 2012.
B. On August 16, 2017, the Plaintiff caused a chest (influor, accompanied by escape from the cap; hereinafter “the instant wound” due to military service on August 16, 2017.
The Defendant filed an application for registration of a person of distinguished service to the State or a person eligible for veteran’s compensation. On January 12, 2018, the Defendant rendered a decision that the instant wound does not meet all the requirements for disaster compensation under Article 2(1)2 of the Act on the Support of Persons Eligible for Veteran’s Compensation and Veteran’s Compensation (hereinafter “instant disposition”).
On February 8, 2018, the Plaintiff filed an objection against the instant disposition with the Defendant, but the Defendant dismissed the objection on May 24, 2018.
[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 to 4, the purport of the whole pleadings
2. Determination
A. The Plaintiff asserted that the Plaintiff had a normal life before and after entering the military, without any health problems. From May 21, 2012 to May 26, 2012, the Plaintiff had a scarcity and pulmonary pain. The Plaintiff was diagnosed by the Korean Armed Forces Gangnam Hospital and the Armed Forces Water Hospital as a scarcity, and was diagnosed by the escape from the scarcity, etc. of the scarcity. After being discharged from military service, the Plaintiff was under medical treatment on August 25, 2016, and was under surgery by the C Hospital and caused cerebral disease after surgery.
Therefore, the difference between the Plaintiff and the instant case occurred due to a harsh training during the military service and a long distance group, and the performance of duties directly related to the national defense, etc. was directly caused or at least caused by the performance of duties, and the existing disease is deemed to have rapidly aggravated above the natural progress speed. Therefore, the Plaintiff’s requirements for merit in the country are either the requirements for national merit.