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(영문) 서울행정법원 2019.08.28 2019구단51850
국가유공자요건비해당결정취소
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s application for registration of persons who rendered distinguished services to the State on March 5, 2018.

Reasons

1. Basic facts

A. The developments leading up to the occurrence of the instant wounds ① On February 24, 2009, the Plaintiff entered the Army as B male on February 24, 2009, and was assigned to C on April 3, 2009, and served as a rifle.

② On December 2, 2009, when the Plaintiff was hospitalized in a stage for the operation for the removal of dynasium and treatment, the Plaintiff felled from the roof of 2.9 meters high, and knee-knee-knee-knee-kne-kne-kne-kne-kicking on the front roof, while collecting cigarette butts and fallen leaves that have been abandoned on the front roof of the stage.

③ Since then, the Plaintiff, as the left-hand knee knee continues to undergo the surgery, was solicited to undergo the surgery, and was hospitalized in the National Armed Forces Chuncheon Hospital on February 1, 2010, and was hospitalized in the National Armed Forces Chuncheon Hospital on February 8, 2010, and was under the diagnosis of “the knee knee part knee knee knee knee knee knees” on March 5, 2010, was discharged from the hospital on May 4, 2010.

B. On March 15, 2013, the Plaintiff applied for registration of a person who rendered distinguished services to the State (hereinafter “instant wounds”) to the Defendant on the following grounds: (a) on March 15, 2013, the Plaintiff applied for registration of a person who rendered distinguished services to the State.

② On August 12, 2013, following the deliberation and resolution of the Board of Patriots and Veterans Entitlement, the Defendant: (a) deemed the Plaintiff to be wounded in performing official duties under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act on Persons, etc. of Distinguished Services to the State”), not falling under the requirements for a person of distinguished services to the State, because it is difficult to recognize the injury as an injury incurred during ordinary performance of duties not directly related to national defense, security, etc.; and (b) recognized the injury during the performance of duties under the Act on Support for Persons, etc. of Distinguished Services to the State (hereinafter “the Act on Persons, etc. of Distinguished Services to the State”); and (c) this constitutes the criteria and scope of

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