logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.04.27 2015구단20743
국가유공자및보훈보상대상자요건비해당결정처분취소
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 April 10, 2014, while serving in the Army on November 4, 2013, the Plaintiff was diagnosed by the Armed Forces Water Service Hospital as “electricly red brut mar” (hereinafter “instant wounds”) and was discharged from the military service on August 18, 2014.

B. On September 12, 2014, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State with different applications for the instant wounds to the Defendant.

C. On January 8, 2015, the Defendant decided that the Plaintiff does not constitute a person eligible for veteran’s compensation under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act”) on the Support for Persons of Distinguished Service to the State or Persons of Distinguished Service to the State on the ground that there was no proof of medical evidence that the instant injury was caused due to the performance of military duties, and that the specific and objective evidence proving proximate causal relation between the instant injury and the Plaintiff’s performance of official duties was not verified.

(hereinafter referred to as the "disposition in this case"). 【No dispute exists, Gap evidence No. 1, Eul evidence No. 1, and the purport of the whole pleadings, together with each of the above non-applicable decisions

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had a good health condition before entering the Plaintiff, and did not find any special symptoms even in the physical examination at the time of entering the Plaintiff.

After entering the Plaintiff, there was a difference in the instant case only after performing various duties, including harsh training after entering the Plaintiff, and there was no difference between the Plaintiff’s family members.

On the other hand, although the cause of the instant difference is not clearly revealed, environmental factors are recognized as one of the causes of the instant difference.

Comprehensively taking account of all such circumstances, the Plaintiff’s instant wounds are also stressed by various duties performed by the Plaintiff while serving in the military, exposure to out-of-the-spot.

arrow