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(영문) 대전지방법원 2017.10.26 2016구단100845
보훈보상대상자(재해부상군경)요건인정결정
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 August 28, 1972, the Plaintiff entered the Air Force, and was discharged from military service on May 31, 1973.

나. 원고는 2016. 3. 8. 피고에게 “1972년 12월경 공군기술교육단 통신교육생 하사관후보생 내무반에서, 성명 미상의 하사관 후보생이 일반 통신병인 원고가 자신에게 경례를 하지 않았다는 이유로 원고의 허리를 걷어찼는데, 그로 인해 원고는 척추에 큰 부상을 입었다.”는 이유로 국가유공자 등록신청을 하였다.

C. On May 11, 2016, the Defendant rendered a decision that the Plaintiff constitutes a person who has rendered distinguished services to the State under the Act on the Honorable Treatment and Support for Persons of Distinguished Services to the State (hereinafter “Act on Persons of Distinguished Services to the State”), although it is difficult to acknowledge that the Plaintiff’s escape from the signboard constitutes a proximate causal relationship with the performance of duties or education and training directly related to national security, etc., but on the ground that the performance of duties or education and training without direct relation to national security, etc. are deemed to have rapidly deteriorated at a natural progress level, it does not constitute a person who has rendered distinguished services to the State under the Act on the Honorable Treatment and Support for Persons of Distinguished Services

(hereinafter referred to as the "disposition in this case"). 【No dispute exists concerning the decision corresponding to the person of distinguished service to the State.】 The entries in Gap evidence 3, Eul evidence 1 to 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was receiving special skills education at the Air Force Telecommunications Electronic School. At that time, the Plaintiff was wounded in the course of maintaining various equipment used in the curriculum, which took the curriculum on the same day during his/her night. The above special skills constitutes education and training directly related to the national security or the protection of the lives and property of the people.

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