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(영문) 서울행정법원 2016.09.23 2015구단2744
보훈보상대상자요건비해당결정처분취소
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 March 12, 2013, the Plaintiff entered the Army and was discharged from military service on September 26, 2013, and filed an application for registration with the Defendant for distinguished service to the State on February 19, 2014, on the ground that the instant accident occurred due to shooting training on March 28, 2013 during military service.

B. On July 28, 2014, the Defendant rendered a non-conformity of the requirements for persons who have rendered distinguished services to the State and the requirements for persons eligible for veteran’s compensation (hereinafter the instant disposition) to the Plaintiff on the grounds that the instant wounds cannot be deemed to have been caused or aggravated due to the Plaintiff’s performance of duties or education and training.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection on August 26, 2014, but the Defendant rendered a decision not to accept it on January 15, 2015.

[Ground of recognition] Facts without dispute, Gap 4, five (including each number; hereinafter the same shall apply), Eul 1 through 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that there was no particular error in the draft physical examination conducted before entering the military, and among shooting training conducted on March 28, 2013 after entering the military, the Plaintiff received shocks repeatedly on the right side of the gun and caused the instant wound.

Therefore, the instant disposition that did not recognize a proximate causal relation with the injury of this case and the Plaintiff’s performance of military duties or education and training is unlawful.

B. Facts of recognition - The Plaintiff received a physical examination for conscription on May 16, 201 and received a judgment of physical grade 3. The time frame measured at that time was 0.1, both left and left.

- The Plaintiff entered the Army on March 12, 2013 and completed shooting training, etc. at the New Disease Education Team on April 18, 2013, and was hospitalized at B Hospital on April 22, 2013, and was hospitalized on April 23, 2013, and undergone the instant surgery, such as “probrgical social training, freezing and freezing,” and thereafter, was performed from May 18, 2013 to May 29, 2013, the Armed Forces Water Service Hospital from May 29, 2013 to June 4, 2013, the Armed Forces Hospital from May 2013 to June 23, 2013, and the Armed Forces Hospital from June 23, 2013.

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