국가유공자비해당결정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts of the disposition may be acknowledged by the statements in Gap evidence 1 and Eul evidence 1-1 to 4:
On March 22, 1999, the Plaintiff entered the Air Force with the maturity of September 21, 2001.
B. At the time of military service on December 28, 201, the Plaintiff: (a) performed a farming-gu and knenee competition during combat sports hours; (b) however, (c) was discharged from military service without being properly treated; (d) was diagnosed on May 4, 2002 with the knee wound; and (e) was diagnosed with the eee-gne wound, the Plaintiff filed an application for registration of persons of distinguished service to the Defendant on the ground that he/she was diagnosed with the e-gneist and the e-grasty in half-month (hereinafter “instant award”).
C. On August 30, 2012, the Defendant rendered a non-conforming disposition on the ground that the outbreak or aggravation of the instant wounds did not have a proximate causal relation with the official duties (hereinafter the instant disposition) to the Plaintiff.
2. Whether the instant disposition is lawful
A. Plaintiff’s assertion 1) The Plaintiff, while serving in the military, sustained knee in the field of knee in the course of combat sports for three times as of June 2, 200, July 24, 200, and December 2, 200, while getting knee in the field of knee and sustained the instant wound, or suffered the instant wound due to the aggravation of the injury by failing to receive proper treatment despite being injured with knee, or by failing to receive proper treatment. 2) Therefore, it is obvious that the instant wound was caused or aggravated due to a military performance of official duties. Thus, the Defendant’s disposition was unlawful on the ground that the occurrence or aggravation of the instant wound was not proximate with the military performance of official duties.
B. The following facts are acknowledged according to the facts-finding evidence Nos. 3-1, 2, and 5-1, 5-2, and the fact-finding results with respect to the East Asia University Hospital in this Court.
1) The Plaintiff’s treatment details A) The 5th EFA’s stage outpatient 5 aviation of the Air Force’s 5th EFA flight team, is kneee while fele while feleing with the Plaintiff on June 5, 200.