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(영문) 서울행정법원 2019.08.13 2019구단890
국가유공자요건비해당결정처분취소
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. On March 5, 1963, the Plaintiff was appointed as a forestry research worker in B’s forestry research institute and was dismissed from office on October 8, 1974.

B. On December 2, 1971, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State with the injury of this case, on the ground that the vehicle on which the Plaintiff was going to a business trip to select C, which is a research task of the B institution, was an accident of returning to farmland (hereinafter “the accident of this case”) out of the expressway, and was suffering from the pressure 12 chests and 1st century, and the left-hand cage at the left-hand (hereinafter “the accident of this case”) due to the accident.

C. On January 4, 2019, the Defendant lacks objective data to deem that there was a proximate causal relation with the Plaintiff’s performance of official duties.

‘The Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter referred to as the "Act on Persons, etc. of Distinguished Service to the State") was decided not to meet the requirements of Article 4(1)15, and the requirements of Article 2(1)4 of the Act on Support for Persons, etc. of Distinguished Service to the State (hereinafter referred to as the "Act on Persons, etc.") were decided not to be satisfied (hereinafter referred to as the "disposition in this case").

On the other hand, on May 26, 2011, the Plaintiff filed an application for registration of a person who has rendered distinguished services to the State with the Defendant on the basis of the instant wounds, but received a decision equivalent to the requirements for persons who have rendered distinguished services to the State on December 6, 2011 for the same reason as the instant disposition, and filed an administrative appeal for objection thereto, but was dismissed on August 7, 2012. The Plaintiff filed a lawsuit seeking the revocation thereof under this Court Decision 2012Gudan2408, but withdrawn the lawsuit on March 18, 2013.

After that, on December 13, 2013, the Plaintiff filed an application for registration with the Defendant on the basis of the instant wounds, but received a decision on February 25, 2014 equivalent to the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation. Accordingly, the Plaintiff’s application for registration was issued under this Court Order 2018Gudan9128 on April 24, 2018.

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