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(영문) 대구지방법원 2017.02.03 2016구단198

국가유공자(보훈보상대상자)등록거부처분취소

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1. The plaintiff's main claim is dismissed.

2. The Defendant’s person eligible for veteran’s compensation against the Plaintiff on June 11, 2015.

Reasons

1. Details of the disposition;

A. The Plaintiff is an elementary school teacher. On March 1, 2011, the Plaintiff was appointed as the head of Lidong-gun B Elementary School Sports Department, and was sent to work at a Alined school that reached March 15, 201, and was transferred to Daegu C Hospital urgently upon the diagnosis of the pulmonary heart color certificate, the heart of the Alinsium ceased and the heart of the Plaintiff at around 08:10, at around 08:10, where the land division and the school playgrounds different from the school site (hereinafter “the instant disaster”).

B. On December 12, 2014, the Plaintiff suffered from the foregoing heart disorder, and applied for registration of persons who rendered distinguished services to the State on December 12, 2014.

C. On June 11, 2015, the Defendant rendered the instant disposition against the Plaintiff on the ground that “the instant wounds are not judged to have been caused or rapidly aggravated due to the performance of official duties” (hereinafter “the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State”) under the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State and the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “the Act on the Honorable Treatment of Persons, etc.

Although the plaintiff filed an administrative appeal, it was dismissed on January 19, 2016.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 11 and 12, and the ground for appeal

2. Whether the disposition is lawful;

A. While the Plaintiff was in office as the Plaintiff’s alleged teacher and was under the so-called Scopic diagnosis at around 2004, he was appointed as the head of the Glldong B Elementary School Sports Department on March 1, 201 and caused the instant injury and disease due to overwork and stress during official duties, the Defendant’s disposition of this case is unlawful, despite the proximate causal relation with the performance of official duties.

(b) as shown in the attached Form of the relevant statutes.

C. (1) In 2004, such as the details of the Plaintiff’s health insurance benefits, in the East National University Hospital.