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(영문) 창원지방법원 2017.05.16 2015구합23517
국가유공자 및 보훈대상자 요건 비해당 결정처분 취소
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. On October 29, 2012, the Plaintiff entered the Air Force, and was discharged from office on October 28, 2014.

B. On December 22, 2014, the Plaintiff filed an application for registration of a person who has rendered distinguished services to the State and a person eligible for veteran’s compensation on the ground that “a person who has rendered distinguished services to the State and a person eligible for veteran’s veteran’s compensation incurred disability during military service (hereinafter “instant disability”).

C. On May 8, 2015, the Defendant rendered to the Plaintiff a decision on the eligibility of a person who rendered distinguished services to the State and a person eligible for veteran’s compensation on the ground that “the proximate causal relationship between the instant wounds and the Plaintiff’s performance of official duties cannot be recognized

(hereinafter referred to as “decision on the non-existence of persons of distinguished service to the State of this case” and “decision on the non-existence of persons eligible for veteran’s compensation” and “each of the dispositions of this case” are combined with the above two dispositions.

On June 17, 2015, the Plaintiff appealed to the Central Administrative Appeals Commission, but was dismissed on September 1, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 7 through 9, Eul evidence Nos. 1, 3, 13 through 15, and the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether each of the dispositions of this case is legitimate

A. The plaintiff's assertion that the plaintiff is a military police officer's administrative soldier's duty while serving as a military police officer, and the duty of superior who performed childcare leave has deteriorated above the occurrence of each of the instant injuries or the natural progress rate due to overwork and stress, and thus, the defendant's disposition of this case which did not recognize a proximate causal relation between each of the instant injuries and the military's duty or

B. The Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on Persons of Distinguished Services to the State”) and the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “Act on Persons Eligible for Veteran’s Compensation”) directly cause education and training, and perform the duties.

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