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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On March 28, 1983, the Plaintiff was discharged from military service upon request on October 31, 2012.
On April 15, 2014, the Plaintiff filed an application for registration of a person who has rendered distinguished services to the State on the basis of the filing of the Defendant’s “live and external stress disorder” (hereinafter “the instant disability”).
On August 5, 2015, the Defendant rendered a decision on the eligibility of a person who has rendered distinguished service to the State on the ground that it is difficult to recognize the difference in this case as a military performance or education and training directly related to the national defense, etc.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence No. 55, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The difference in the Plaintiff’s assertion was caused by the Plaintiff’s duties that were performed while serving as the Korean Embassy for National Defense from February 2, 2004 to July 2, 2005, and the said duties were directly related to the national defense security or the protection of the people’s lives and property, and thus, the instant disposition was unlawful.
B. 1) Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act”) provides that military personnel or police fire-fighting officers shall have direct relations with national defense security or the protection of people’s lives and property, or shall have been injured during education and training (including diseases
(i)The degree of injury of a person discharged from military service or retired from military service by suffering from the same rank is defined as one of the persons of distinguished service to the State in a physical examination conducted by the Minister of Patriots and Veterans Affairs. Specific criteria and scope for whether the person meets the requirements for persons of distinguished service to the State under Article 4(1)6 of the Act shall be the degree and scope of duty performance or education and training and national defense, national security,
A comprehensive consideration shall be given to the details of the damage and the existence and extent of the principal's negligence.