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(영문) 대전지방법원 2016.10.27 2015구단100886
국가유공자 및 보훈보상대상자 등록거분처분 취소
Text

1. The Defendant’s rejection disposition against the Plaintiff on November 19, 2014 is revoked.

2. The plaintiff.

Reasons

1. Details of the disposition;

A. On November 9, 199, the Plaintiff entered the Army and served as an volunteer soldier in the Military Forces as a volunteer soldier in the Military Forces, and was discharged from military service on January 8, 2002.

B. On or around August 12, 2014, the Plaintiff: (a) the Defendant’s “Tacheon-Tancheon (Tacheon-Tacheon) Nuclear Escape Card” during the performance of military service (hereinafter “Tacheon”) shall be deemed to have been filed with the Defendant.

(i) applied for the registration of persons of distinguished service to the State and for veteran's compensation on the ground of "the outbreak or aggravation thereof";

C. On November 19, 2014, the Defendant rendered a disposition rejecting the registration of a person who rendered distinguished services to the State and a person eligible for veteran’s compensation (hereinafter “instant disposition”) to the effect that “the occurrence or aggravation of an interest in the application does not constitute proximate causal relation with the military performance,” on the ground that the Plaintiff’s performance of excessive training or excessive work is not verifiable, and that it cannot be confirmed that the Plaintiff performed an excessive training or excessive work unlike other club fees.”

Although the Plaintiff filed an administrative appeal, the Plaintiff was dismissed on July 14, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 3 (including additional numbers), the purport of the whole pleadings

2. The plaintiff's assertion that the plaintiff entered the Gun without pain, and that there was no error in the training in February 2000 since the training in April 200, and that there was a pain on the Dol, and that there was a more unreasonable result in subsequent continuous training, and that the plaintiff caused or aggravated application. Thus, the plaintiff's application for compensation that was caused or aggravated falls under the requirements for persons who rendered distinguished services to the State or for persons eligible for veteran's compensation.

The defendant's disposition of this case on a different premise is unlawful.

3. Determination of legality of the instant disposition

A. The evidence presented by the Plaintiff on the relevance to the requirements for a person of distinguished service to the State was created solely by the evidence presented by the Plaintiff, which is directly related to education and training related to the national defense, security, or the lives and property protection of the people.

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