logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.08.13 2017구단157
국가유공자및보훈보상대상자등록거부처분취소
Text

The plaintiff's primary and conjunctive claims are all dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On August 5, 2014, the Plaintiff entered the Army as a private soldier in the Army, but was diagnosed on June 8, 2015 at the Chungcheongnamnam University Hospital (hereinafter “instant wounds”) and was discharged from the military service on July 27, 2015.

B. On August 3, 2015, the Plaintiff asserted that the instant wound was caused by military service, and applied for registration of a person who rendered distinguished services to the State or a person eligible for veteran’s compensation.

C. On November 16, 2015, the Defendant suffered direct cause for the Plaintiff’s instant wounds while performing duties or training during the Plaintiff’s military service.

A person who rendered distinguished services to the State or a person eligible for veteran's compensation was not considered to have deteriorated due to the nature or state of nature (hereinafter "the instant disposition"). D.

Although the Plaintiff filed an objection against the instant disposition, the Plaintiff filed an administrative appeal, but was dismissed on November 15, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, 10 evidence, Eul evidence 1 to 3 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. After entering the military, the Plaintiff’s assertion began to be exposed to benents, etc. during the operation and maintenance work from September 2014, and in particular, since October 22, 2014, he/she was placed in the 26th Scen group repair team, and continued to be exposed to benents, etc. in the course of performing duties, such as driver’s disease and oil not paid-in disease.

The plaintiff did not have any error in the physical examination (blood examination) conducted before entering the military, and did not drink alcohol and did not smoke tobacco.

During military service, the occurrence of this case was caused by continuous exposure to cancer substances, such as beeen, during the process of military service.

B. On September 2014, the Plaintiff was subject to driving and maintenance training at the Camping Transport Education Team for the main specialty education. On October 22, 2014, the Plaintiff was subject to the 26 Army Maintenance Team’s 3 key assignment on October 22, 2014

(b).

arrow