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(영문) 부산고등법원 2018.05.02 2017누24790

국가유공자등록거부처분취소

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1. Of the judgment of the first instance court, the part against the plaintiff falling under the order to revoke below shall be revoked.

Defendant.

Reasons

1. Details of the disposition;

A. On November 12, 2013, the Plaintiff entered the Army, and was assigned to the 7th 56th Posium 56th Posium in the Gangwon-do on January 6, 2014. On August 4, 2014, the Plaintiff was diagnosed as “the chronic kis of the unknown diseases” at the Ulsan National University Hospital, and was discharged from military service on October 6, 2014.

B. On November 10, 2014, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State on the ground of “Indeption with sex” (hereinafter “instant wounds”).

C. On March 9, 2015, the Defendant rendered a decision that the instant wound does not meet the requirements for persons eligible for veteran’s compensation on the grounds as indicated below (hereinafter “instant disposition”).

It is difficult to recognize that the Plaintiff’s “extension” has rapidly deteriorated at a natural progress level due to the direct cause of performance of duties or education and training directly related to national defense and security, or the protection of the lives and property of the people, or that the Plaintiff’s performance of duties or education and training, which are not directly related to national defense and security, national security, or the protection of the lives and property of the people, has rapidly deteriorated above the natural progress level.

[Ground of recognition] Facts without dispute, Gap evidence 5, Gap evidence 6, Eul evidence 1 and the purport of whole pleadings

2. The difference between the Plaintiff’s assertion was that the Plaintiff’s symptoms, etc., of evabrosiss, which had been existing, worse due to his duty or education and training as a soldier, and the chronic renals rapidly aggravated above the natural progress. Therefore, the Plaintiff’s assertion meets the requirements

3. Relevant statutes;

A. Article 2 (Persons Eligible for Veteran’s Compensation) (1) of the former Act on Support for Persons Eligible for Veteran’s Compensation (amended by Act No. 13608, Dec. 22, 2015) (1) is any of the following persons, his/her bereaved family, or any other family member: