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(영문) 서울행정법원 2016.11.28 2016구단60334
국가유공자요건비해당결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 22, 2013, the Plaintiff entered the Army and discharged the Plaintiff from active service on July 21, 2015.

On January 5, 2016, while serving in the 17th headquarters work unit for the Defendant, the Plaintiff entered the association’s new illness training unit as of March 13, 2015. On March 17, 2015, the Plaintiff filed an application for registration of a person of distinguished service to the State by assaulting the Plaintiff’s head with only one hand and 20 parts of the left body, causing the difference in the body part of the left body.

On March 14, 2016, the Defendant rendered a decision corresponding to the requirements for a person of distinguished service to the Plaintiff on the ground that the Plaintiff is not deemed to have been injured in the performance of duties or education and training directly related to the security of the State’s defense, etc. (hereinafter “instant disposition”), and the Defendant rendered a decision corresponding to the requirements for a person of distinguished service to the Plaintiff on the ground that “the instant disposition” was recognized as a person eligible for veteran’s compensation, namely, “the instant disposition” (hereinafter “the instant case’s injury”).

[Reasons for Recognition] Unsatisfy, Gap evidence 2, Eul evidence 1-5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. On March 17, 2015, at around 01:10 on March 17, 2015, when the Plaintiff was admitted to a college, who had been living in a usual place in order to undergo the education for the division commander, and was committed by assaulting 20 times the left eye of the patients with a WIG disability (monin disease) who were living in the inner base on the right side, and the instant wound occurred. During the education and training for the division commander, the internal life in the education and training for the division commander is different from that of the general internal affairs, and if the Plaintiff was not dispatched to the education for the division commander, the instant wound was not located, and there was no negligence on the Plaintiff who was suffering from the instant wound, and there was no Gun physical disability.

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