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(영문) 대구지방법원 2016.12.09 2016구단129
전공상추가인정거부처분취소
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 24, 1965, the Plaintiff entered the Army, and was discharged on October 15, 1965 through March 22, 1967 from Vietnam War, and on September 9, 1967, the Plaintiff was registered as Grade VII 702 wounded in action due to defoliants.

B. At the time of the Vietnam War, the Plaintiff asserted that he/she was in total in the right shacks and lowers of the Vietnam War, and applied for an additional recognition of his/her major on March 12, 2015, by claiming that he/she was in total in the right shacks and lowers.

C. After deliberation by the Board of Patriots and Veterans Entitlement, the Defendant rendered the instant disposition against the Plaintiff on December 8, 2015 that the instant difference does not constitute an additional requirement for recognition of major interest.

【Facts without dispute over the grounds for recognition, entry of Gap, Eul's evidence Nos. 1 and 1, and purport of the whole pleadings

2. Whether the disposition is lawful;

A. At the time of the Plaintiff’s assertion, the Vietnam War transferred the shoots to the Camp Hospital in line with the total carbon and received approximately two months’ medical treatment. Therefore, there is a proximate causal link between the instant wounds and the military performance.

B. (1) The determination requires a proximate causal relationship between the performance of duties or education and training in order to constitute “an injury in the course of performing duties or education and training” as provided by Article 4(1)4 and 6 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State and Article 2 Subparag. 2 of the Act on Support for Persons Eligible for Veteran’s Compensation, Etc., and the proximate causal relationship should be proved by the party asserting such proximate causal relationship.

(2) With respect to whether the instant injury had a causal link with the performance of duties or education and training, the records of the Health Team, the B’s beds of the B’s beds of 2 (hospitalized January 30, 1966 or discharged on March 1, 1966) are confirmed, and the records of the “Mane-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-Ie-

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