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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 March 1, 1952, while entering the Army, the Plaintiff was hospitalized on July 26, 1953 through November 28, 1953 by the three Army Hospital from July 26, 1953 to November 28, 1953, and was discharged from the military service on November 28, 1953.
B. The Plaintiff asserted that he was injured by snow, ear, deadly, and depression due to a traffic accident in the military service, and filed an application for registration of a person of distinguished service to the State. However, in around 2002, the Defendant recognized only the injury to the Hashed, while performing official duties, and decided that the remainder is not recognized as wounded due to official duties.
C. On June 11, 2007, the Plaintiff applied for the registration of a person who rendered distinguished services to the State on the ground that he/she applied for a preferential leave of absence. On October 30, 2007, the Defendant additionally recognized the Plaintiff’s preferential leave of absence as a wound during combat.
On January 14, 2016, the Plaintiff applied for registration of a person who rendered distinguished services to the State on the ground that it is difficult to recognize that the Plaintiff’s defect occurred due to the performance of official duties on January 14, 2016 (hereinafter “instant disposition”), and the Plaintiff only sought revocation of the pertinent disposition of a person who rendered distinguished services to the State on the ground that it is difficult to recognize that the Plaintiff’s defect occurred due to official duties (hereinafter “instant disposition”), thereby making a decision only on the ground that the Plaintiff’s purport
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion constitutes a person who participated in the Korean War and was discharged from military service by suffering from wounds of grade 2 due to continuous shooting or traffic accidents, and thus constitutes the requirements for persons of distinguished service to the State since it constitutes a person who was discharged from military service by suffering from wounds in the course of performing his/her duty directly related to national security or protection of the people’s lives and property.
(b) the criteria for recognition of persons who rendered distinguished services to the State, that is, the fact that they suffered different injuries in performing official duties, or their physical disabilities.