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(영문) 전주지방법원 2021.03.31 2020구단732
국가유공자 및 보훈보상대상자 요건 비해당 결정 처분 취소
Text

The plaintiff's primary claim is dismissed.

On June 9, 2020, the Defendant is more than the requirements for veterans' compensation to the Plaintiff.

Reasons

Details of the disposition

A. On March 14, 1958, the Plaintiff entered the Army and served in 21 association 63 solidarity.

B. On May 13, 1959, the Plaintiff: (a) was injured by the “fluort cutting of 1,2,3, and 4 ridges on the left side” (hereinafter “the instant wounds”); and (b) was discharged from military service on November 15, 1961, due to an accident in the vicinity of the relevant mountain basin.

(c)

On December 23, 2019, the Plaintiff filed an application for registration with the State as a person of distinguished service, etc. on the ground that “A person was injured by a train accident in the mountain basin on May 13, 1959 during military service,” on the left-hand side of the 1, 2, 3, and 4 parts of cut (hereinafter “the instant wound”).

(d)

On May 26, 2020, the Defendant issued a decision to the Plaintiff on June 9, 2020 on the ground that “The Defendant is not deemed to have been injured or injured in the course of performing duties or education and training directly related to national security, etc.” (hereinafter “instant disposition”) compared to the requirements of the State’s meritorious service, and at the same time, issued a decision to the Plaintiff on the ground that “the injury incurred in performing duties or education and training not directly related to national security, etc., or the injury that was incurred during education and training, and that it is not deemed to have been caused or aggravated due to considerable connection with the performance of official duties, etc.,” compared to the requirements of the persons eligible for the compensation of veterans (hereinafter “instant disposition 2”).

[Ground of recognition] The plaintiff's assertion as to the legitimacy of each disposition of Gap's evidence Nos. 1-2, Eul evidence Nos. 1-2, Eul evidence Nos. 1-2, Eul evidence Nos. 3-5, Eul evidence No. 2-2, Eul's overall purport of the pleading, and each disposition Nos. 1 and 2 of the whole purport of the pleading of this case was completed during military service, and the plaintiff was subject to an accident that fell off from a train due to being pushed off to some soldiers on board a train near his home on May 13, 1959 in order to return home, and the plaintiff suffered the injury of this case.

Therefore, the injury and disease of this case suffered by the plaintiff is on duty while performing the plaintiff's military service.

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