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(영문) 수원지방법원 2015.04.22 2014구단4034
국가유공자 및 보훈보상대상자 요건비해당결정 취소
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 June 12, 2012, the Plaintiff entered the Army and was discharged from military service on August 12, 2013.

B. On April 29, 2013, while serving in the military, the Plaintiff was diagnosed as a telegraph red sulphe (hereinafter “instant wounds”).

C. On November 12, 2013, the Plaintiff filed an application for registration of a person who has rendered distinguished service to the Defendant by asserting that the instant wounds were incurred while serving in the military. However, on February 18, 2014, the Defendant rendered a decision on the Plaintiff’s non-conformity of the requirements for persons who have rendered distinguished service to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that “it is difficult to recognize the proximate causal relation with the performance of duties or education and training directly related to the national defense, etc., or military duties or education and training.”

[Reasons for Recognition] Evidence No. 1, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff entered the area without any disease before entering the area. After entering the area, the instant wound occurred while conducting military training and outdoor training, and thereby, the Plaintiff was discharged from the area without completing military service. The Defendant’s disposition of this case was unlawful on the premise that the proximate causal relation between the instant wound and the Plaintiff’s performance of military service was recognized.

B. As to the instant case, comprehensively taking account of the following circumstances acknowledged by the following circumstances, the instant injuries were caused by military duties or education and training directly related to the national defense, security, etc., based on the following: (a) the evidence Nos. 1 through 8, and Nos. 1, 1, 1, and 1, and the evidence Nos. 1, 1, 2, and the results of the physical examination of the head of

It is difficult to view that the proximate causal relation with military service or military service has been caused or aggravated beyond the nature of the nature.

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