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(영문) 서울행정법원 2016.12.16 2016구단23595
국가유공자유족(전.공상군경)등록요건변경불인정처분취소
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 July 18, 1952, the deceased’s spouse B (hereinafter “the deceased”) entered the Army and participated in the Korean War, and died on January 16, 1984 after he was discharged from military service on December 29, 1954.

B. On October 4, 2012, the Plaintiff filed an application for registration of a person of distinguished service to the State, alleging that he/she was discharged from military service by suffering from the wounds of “the cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage

C. On January 30, 2013, the Defendant discharged the Plaintiff from military service for only four months after the Deceased was diagnosed as a medical soldier with the injury of this case, and was classified as a 24-hour controlled life. The injury of this case was not verified as a direct cause of performance of duties or education and training directly related to national security, etc., but did not meet the requirements under Article 4(1)6 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment of Persons of Distinguished Services to the State”). However, the Defendant decided that the injury constituted the requirements under Article 2(1)2 of the Act on the Support for Persons of Distinguished Services to the State, etc. for Persons of Distinguished Services to the State.

On April 16, 2013, the Plaintiff was determined as Class 6 2 and registered as a soldier, police officer, etc. (bereaved Family Members) after the physical examination according to the above decision.

E. On May 26, 2014, the Plaintiff again filed an application for registration of a person who rendered distinguished services to the Defendant. However, on March 16, 2015, the Defendant rendered a decision that the instant wound does not meet the requirements under Article 4(1)6 of the Act on Persons of Distinguished Services to the State on the grounds that it is difficult to recognize it as a wound in the performance of duties or education and training directly related to national security.

F. The plaintiff is obligated to do so.

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