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(영문) 부산지방법원 2014.05.15 2013구합4409

국가유공자 및 보훈보상대상자 등록거부처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. After entering the Army on April 10, 1953, the Plaintiff participated in Vietnam from March 23, 1969 to February 5, 1970, and was discharged from military service on August 31, 1971.

B. On July 5, 2006, the Plaintiff filed an application with the Defendant for registration of a person who rendered distinguished services to the State by asserting that he was suffering from assistance from military service, in particular due to illness. However, on November 22, 2006, the Defendant rejected the Plaintiff’s application on the ground that there was no evidence to verify two external wounds recognized as the developments leading up to the occurrence of the above injury, and that there was no reason to acknowledge causation between the above injury and the performance of official duties.

C. In addition to the certificate of military register and the copy of the medical record, the Plaintiff asserted that the military service led to the occurrence of Maul and highly uneasiness (hereinafter collectively referred to as “the instant wounds”), and filed an application for registration of persons who have rendered distinguished services to the State and an application for registration of persons eligible for veteran’s compensation with the Defendant on May 27, 2013.

After the resolution of the Board of Patriots and Veterans Entitlement, the Defendant rejected the registration of persons who have rendered distinguished services to the State and persons eligible for veteran's compensation by notifying the Plaintiff on November 6, 2013 of the decision that the instant injury was diagnosed more than 42 years after discharge and that the direct causal relationship with the performance of their duties was not recognized at the time of military service.

(hereinafter “Disposition of this case”). 【Disposition of this case’s ground for recognition of this case’s existence of no dispute, Gap’s 1 through 5, Eul’s 1 through 4, the purport of the whole pleadings and arguments

2. The plaintiff's assertion and relevant statutes

A. The Plaintiff’s assertion is a eulic and unstable patition by returning home early to the Republic of Korea, such as where the Plaintiff was suffering from a disease in the south of Korea after entering the Plaintiff, and the Plaintiff was unable to properly sleep due to uneasiness while performing his duties as a sentry.