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(영문) 서울행정법원 2018.07.25 2016구단64497

국가유공자요건비해당결정취소

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff entered the Korea Air Force Academy on March 1, 1989, and was discharged from military service on March 1, 1993 after serving as the Air Force Officers on March 1, 1993.

B. On April 14, 1995, the Plaintiff was found to have been diagnosed with IgA’s nea in a physical examination and around June 1995.

C. On August 24, 2015, the Plaintiff filed an application for registration with the Defendant for registration of persons who rendered distinguished services to the State on the basis of “the MagA-type Madern infection” (hereinafter “instant wounds”).

On January 8, 2016, the Defendant presented to the Plaintiff the opinion that there was no relation with the official duty as the result of the climatic infection caused the immunity reaction (anti-resistant complex reaction). From 2014 after the diagnosis in 1995, there was no objective evidence to acknowledge that the Plaintiff’s work performed in the military was rapidly aggravated due to the natural progress, compared with the results of the climatic disease from 2014 after the diagnosis in 195, and there was no objective evidence to prove that the work performed in the military was rapidly aggravated. It is difficult to recognize the identity of official duty solely based on the fact that the Plaintiff was diagnosed and treated in the military service. No objective evidence to prove that the Plaintiff’s work performed in the military was particularly excessive compared with other climatics or in the special environment, and there was no other objective evidence to prove that there was a sudden aggravation in the course of performing official duty due to the delay of adequate diagnosis and treatment due to the military life, and there was no objective evidence to prove that the treatment and support of the Plaintiff was significantly worse.

Persons Eligible for Veteran's Compensation Act (hereinafter referred to as the "Act on Persons Eligible for Veteran's Compensation") shall be construed as not meeting the requirements for persons of distinguished service

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