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(영문) 대전지방법원 2020.07.02 2018구단100405
국가유공자등록거부처분 등 취소 청구의 소
Text

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

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On November 8, 2016, the Plaintiff entered the Army and served in the 27th Team as an engine gun, a vice-commissioned officer, etc., and was discharged from military service on February 14, 2017.

B. On January 2, 2017, the Plaintiff asserted that “the part of the mountain marching group, which was dissatisfyed while getting out of the mountain marching group, had been satisfyed,” and that even after that time, the Plaintiff continued to conduct the fluence group, and filed an application for registration with the Defendant on February 27, 2017, by applying for “hive disc” as the applicant for registration.

C. On July 14, 2017, the Defendant rendered a decision corresponding to the part of the requirements for persons eligible for veteran’s compensation on the ground that the “protruding escape test 5-tent 1” (hereinafter “instant No. 1”) and “protruding escape test 4-5” (hereinafter “instant No. 2”) do not meet the requirements for persons of distinguished service to the State, and the instant No. 2 did not constitute proximate causal relation.

(hereinafter “instant disposition.” Meanwhile, on the other hand, it was determined that the No. 1 of this case constitutes a person eligible for veteran’s compensation on the ground that proximate causal relation is recognized.

The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed.

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

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion was that the Plaintiff had been able to discharge from active service due to an abortion accident during a harsh training in mountain-speed.

Even if the plaintiff had caused a sking in the training area, it was caused by an abortion accident during the training, failed to receive proper treatment thereafter, and the plaintiff's disease has deteriorated more due to a brush and a brush training in the mountain.

Since the first and second instances of this case are sufficient to recognize that they were suffering from the Plaintiff’s performance of duties or education and training or that they have deteriorated due to their natural progress, the Plaintiff’s requirements for persons of distinguished service to the State.

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