beta
(영문) 서울행정법원 2013.09.26 2012구단21195

국가유공자등록거부처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. After entering the training center on March 3, 2005, the Plaintiff transferred to the 50th century 120 volunteer soldiers, the 50th Order 120 volunteer soldiers, and was discharged from the military service on March 4, 2007. Since the 50th Order 120 volunteer soldiers, the Plaintiff was discharged from the military service on March 4, 2007, and the 5th Order 1,000 volunteer soldier and policeman was diagnosed as a soldier and policeman on the 1,00 volunteer soldier and policeman, the Plaintiff claimed that the 5th Order 5th Order - the 1,00 volunteer soldier and policeman constituted a soldier and policeman’s duty, and applied for the registration of a person of distinguished service to the Defendant

B. On August 1, 2012, the Defendant issued a notification to the Plaintiff on August 1, 2012 on the determination that the instant wound did not have a proximate causal relation with the official duties, and thus, did not constitute a non-applicable disposition of merit (hereinafter “instant

[Ground of recognition] without any dispute, Gap evidence 1 through 5, Eul evidence 1 through 3 (including each number), the purport of whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that there was no disease suffering from Huri-related diseases before entering the military, and the occurrence of Huri-related pains during military service led to the instant wounds. Therefore, there is a proximate causal relation between the above wounds and the performance of official duties.

B. (1) The term "an injury during education and training or in the performance of duty (including a disease in the line of duty)" under Article 4 (1) 6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State means that a soldier or police officer sustained or suffered from an injury or disease during education and training or in the performance of duty. In order to be wounded under the above provision, there is a proximate causal relation between education and training or in the performance of duty and the injury or disease. The causal relation between the injury and the performance of duty, etc. must be proved by the party asserting it, but it is not necessarily required to prove that there is a proximate causal relation between education and training or in the performance of duty