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(영문) 창원지방법원 2017.08.22 2016구단644
국가유공자등록거부처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On February 7, 1972, the Plaintiff entered the Marine Corps and was discharged from military service on November 30, 1974. On December 21, 2015, the Plaintiff filed an application for registration as a person of distinguished service to the State, asserting that he/she had been subject to military service from his/her superior on the right side (hereinafter “the instant case’s injury”). On July 21, 2015, the Plaintiff filed an application for registration as a person of distinguished service to the State, claiming that he/she had been subject to military service and sustained from his/her superior’s injury (e.g., the structural frame of the left side and the s

On March 17, 2016, the Defendant issued a disposition that did not meet the requirements of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State (hereinafter “Act on Persons of Distinguished Service to the State”) and does not meet the requirements of the Act on Support for Persons of Distinguished Service to the State (hereinafter “Act on Persons of Distinguished Service to the State”) for persons eligible for veteran’s compensation (hereinafter “the Act on Persons of Distinguished Service to the State”).

【Reasons for Recognition】 Entry of Evidence Nos. 2 and 5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was made on July 1974 by the Plaintiff, while serving in the military at the Naval Education Base Headquarters B, who was killed in the Navy and suffered from the instant wounds. Therefore, the instant difference constitutes a person of distinguished service to the State under the Act on Persons of Distinguished Service to the State. Even if it is not so, it constitutes a person of distinguished service to the State under the Act on Persons of Distinguished Service to the State.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. In order for the Plaintiff’s instant wounds to be considered as persons of distinguished service to the Act on Persons of Distinguished Service to the State or as persons eligible for veteran’s compensation under the Veterans’ Compensation Act, the Plaintiff should first be proven to have suffered the instant wounds while performing their duties or training as soldiers.

However, while the plaintiff was serving in the military, he was receiving medical treatment for the difference in this case.

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