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(영문) 서울행정법원 2015.03.18 2014구단51978
국가유공자요건비해당결정취소
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 April 21, 1972, the Plaintiff entered the Army as Byung, and was discharged from military service on March 6, 1975 at the 30 guard unit of the Water Security Headquarters.

B. On September 17, 2012, the Plaintiff filed an application for registration with the Defendant on the ground that “In the night emergency call training for policemen during military service on June 1972, 1972, the Plaintiff was close to the first-come, first-come, first-come, first-come, first-come, first-come, and second-come, second-come, first-served, and second-come, second-served, and second-served.”

C. On September 30, 2013, the Defendant rendered a decision on the non-existence of the requirements for persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) against the Plaintiff on the ground that “the instant disposition was not deemed to have arisen due to military performance or education and training directly related to the national defense, etc., or that military performance is not recognized to have deteriorated or deteriorated due to the military performance.”

The Plaintiff filed an administrative appeal against the instant disposition on November 15, 2013, but the Central Administrative Appeals Commission dismissed the said claim on December 24, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On June 14, 1972, the Plaintiff asserted that he was transferred to the Army Water Security Headquarters, and was under the night emergency call training for patrolmen on June 1972, 1972, and was faced with the injury that the Plaintiff was faced with the high exchange rate, while the Plaintiff was under the night call training for patrolmen.

As a result, the Plaintiff went through a usheshel and extreme pain, and applied for registration of persons who have rendered distinguished services to the State after having been discharged from active service, since the Plaintiff died from a chronic dratitis, which is a legacy, and thus, the instant disposition made on a different premise is unlawful.

B. Determination is based on Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State and Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation.

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