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(영문) 의정부지방법원 2014.07.21 2013구단1575
국가유공자공상요건비해당결정취소
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. The Plaintiff entered on October 9, 2001 and discharged the Plaintiff from active service on December 1, 2003.

B. On August 20, 2004, the Plaintiff filed an application with the Defendant for registration of persons who rendered distinguished services to the State on August 20, 2004, and received recognition of the above wounds related to official duties, but was determined to fall short of the grading standards in a physical examination for disability ratings.

C. On June 29, 2012, the Plaintiff filed an application for a re-verification physical examination of the registration of persons who rendered distinguished services to the State, but the Defendant rendered a disposition rejecting the said application on December 4, 2012 (hereinafter “instant disposition”) on the ground that the causal link between the instant wounds and the performance of official duties is not recognized.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5 evidence, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion (i.e., the Plaintiff did not have anything anything else at all before entering the military service, and there was any pain on the part of the Defendant during the military service, beyond the training team and the training group for the new soldiers and the training group. On January 2002, the above pain was aggravated during the training, but the above pain was not immediately treated due to the incidental circumstances, which led to the instant difference. Thus, the instant disposition was unlawful on the premise that there was no proximate causal relation between the instant wound and the performance of official duties.

D. The plaintiff was recognized as an official wound by the Board of Patriots and Veterans Entitlement in 2004, and the defendant's reversal without any special reason or ground violates legal stability.

B. (1) The term “an injury during education and training or in the performance of duty (including an injury in the line of duty)” referred to in Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, refers to the injury or disease of a soldier or police officer during education and training or in the performance of duty.

Therefore, the above.

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