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(영문) 대전지방법원 2015.07.17 2014구단1043

국가유공자 및 보훈보상대상자요건비해당결정취소

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On February 1, 1975, the Plaintiff entered the Air Force Noncommissioned Officers as of February 1, 1975, and was discharged from active service on April 30, 2013.

B. On September 26, 2013, the Plaintiff filed an application for registration with the Defendant for “Masan” (hereinafter “application award”).

C. On May 26, 2014, the Defendant rendered a disposition against the Plaintiff on the ground that “The medical data that an applicant has caused an injury due to the performance of military duties is not verified, and the proximate causal relation is not verified, specific and objective evidence proving the proximate causal relation” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On June 24, 2008, the Plaintiff asserted that he/she had been subject to the Maumoumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumuma

On July 15, 2008, 3 Information and Communications Group B, the unit to which the Plaintiff was affiliated, was on duty at the core department, such as “the Plaintiff’s operation of the 1970s old exchange engine in the 1970s, the relocation of the Air Force Education Headquarters in 1987-1988, the relocation of the 1989 mountain zone, TF work for the establishment of the 1990s, the dispatch of the Air Exchange Network Bureau in the 1990s, the dispatch of the large team operation, and the appointment of the senior staff. After the appointment of warrant officers, it was confirmed that there was a serious tension and stress, such as the replacement of the 19 U.S. aircraft exchange vehicle, the performance of duties due to the official stone in the current unit, the operation of free communications, and the support of various events and training communication networks, etc.”

Since there is a proximate causal relationship between the military performance of official duties and the filing of the application, the instant disposition is unlawful.

B. According to the result of the fact-finding on the Korean Medical Association, some of the media and scom affect the generation or aggravation of stress or infinites.