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(영문) 서울행정법원 2019.05.02 2018구단3632
국가유공자요건 및 보훈보상대상자 요건 비해당 결정 취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On June 15, 2015, the Plaintiff entered the Army and discharged the Plaintiff from active service on March 14, 2017.

B. On October 3, 2016, the Plaintiff was diagnosed by the Seoul Special Metropolitan City B Hospital (hereinafter “B hospital”) as “heatise No. Posium,” and on June 19, 2017, the Plaintiff applied for registration as a person of distinguished services to the State, etc. on the ground that “the difference between the two” and “the difference between the two” was applied for registration.

C. On November 4, 2017, the Defendant rendered a non-specific decision on the requirements for persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that “it is difficult to recognize that the instant wound was caused by the performance of military duties or education and training directly related to the national defense, etc., or that it was caused or aggravated by proximate causal relation with the performance of military duties or education and training.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. While the Plaintiff’s assertion was living in the training center after entering the military, the Plaintiff was faced with his head on the floor, and the instant accident occurred due to the said accident.

Therefore, since the wound of this case was caused by the performance of military duty, the plaintiff was considered as a person who rendered distinguished service to the State or a person eligible for veteran's compensation.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. 1) Occurrence of an accident and the diagnosis of the instant wounds) The Plaintiff was living in the training center after entering the training center on June 28, 2015 and faced with the left-hand side on the floor by exceeding three sides of the area.

(hereinafter “instant accident”). (B) The Plaintiff received medical treatment from the Army Training District Hospital on July 2, 2015 after the instant accident and continued the two copies, and there is no error in brain as a result of RI and CT shooting.

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