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(영문) 대구지방법원 2016.07.15 2015구단11122
국가유공자요건비해당결정취소
Text

1. The Defendant’s disposition against the Plaintiff on September 17, 2014 constitutes the requirement of a person who rendered distinguished services to the State.

Reasons

1. Details of the disposition;

A. On March 19, 2001, the Plaintiff entered the Army and was discharged from military service on May 18, 2003, and was discharged from military service upon maturity on May 18, 2003. Around June 2001, the Plaintiff suffered from the difference in “native name of ear-to-ear,” and filed an application for registration of persons of distinguished service to the State on August 2, 201.

B. On March 7, 2013, the Defendant recognized the requirements for soldiers and police officers wounded on duty only for “the Machine Machina and the right-side pseudonym” among the injuries requested by the Plaintiff.

C. On November 25, 2013, the Plaintiff’s additional application for re-registration was defective, and on September 17, 2014, the Defendant additionally recognized the name on the left side as an official wound. However, the Defendant rendered the instant disposition rejecting recognition of the injury due to the reason that it was determined that an acute scarcity has deteriorated after discharge (hereinafter “instant difference”).

On June 9, 2015, the Central Administrative Appeals Commission rendered a ruling to dismiss the above claim, although the defendant appealed and filed an administrative appeal.

[Ground of recognition] Facts without dispute, Gap evidence 4, Eul evidence 1-1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion had no problem before entering the military service, and the Plaintiff was diagnosed with ear-free and separated from each other while undergoing shooting training without protective equipment, such as ear-out during military service, and continuously conducted shooting training even thereafter, and thereafter, it was not exposed to noise to the degree that caused a disaster after discharge. Thus, the difference in the instant case was caused by shooting training during military service.

B. (1) Determination refers to the injury or disease of a soldier or policeman during the performance of duties or education and training (including illness in the line of duty) under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State.

Therefore, in order to be different from the above provisions, the performance of duties or education and training shall be carried out.

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