logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.07.21 2016구단6935
국가유공자요건비해당결정취소
Text

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

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

Reasons

1. The Plaintiff entered the Army on December 14, 2009 and was discharged from military service on November 12, 2010.

around September 22, 2015, the Plaintiff submitted to the Defendant an application for registration of a person of distinguished service to the State with the following content:

B On February 2, 2016, the Defendant rendered a disposition on February 2, 2016 to the Plaintiff on the ground that “it is difficult to recognize that the applicant was suffering from military duties or education and training directly related to the national defense, etc., or that there was a proximate causal link with military duties or education and training, and thus caused or aggravated a person who has rendered distinguished services to the State (military personnel in the line of duty) and a person eligible for veteran’s compensation (hereinafter “instant disposition”).

【Uncontentious facts, Gap’s 2, 3 evidence, Eul’s 1-1, 2, Eul’s 2, the purport of the whole pleadings

2. The term “the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State” referred to in Article 4(1)6 (including a disease or injury in the course of performing duties or education and training) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act”) refers to the injury or disease of a soldier or police officer during the performance of duties or education and training. Therefore, in order to be different from the above provision, there is a proximate causal relation between the performance of duties or education and the injury or disease, and the causal relation between the performance of duties, etc. and the injury or disease must be proved by the assertion. However, the causal relation does not necessarily have to be proved by medical or natural science, but it is presumed that there is a proximate causal relation between education and training or the performance of duties and the injury or disease thereof in consideration of all the circumstances. In addition, the basic disease or the existing disease or disease that can normally serve is caused by the excessive training, etc.

arrow