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(영문) 대전지방법원 2015.01.23 2013구단1909
국가유공자요건비해당결정취소
Text

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

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

Reasons

1. Details of the disposition;

A. On November 4, 1966, the Plaintiff entered the Army as a soldier and discharged from military service on November 25, 1968.

B. On February 18, 2013, the Plaintiff filed an application for registration with the Defendant for registration of a person who rendered distinguished services to the State, “gal” injury.

C. On November 20, 2013, the Defendant issued against the Plaintiff a disposition equivalent to the requirements for persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that “The Defendant did not recognize that the applicant suffered wounds in the performance of military duties or education and training directly related to the national defense, security, etc., or that there was a proximate causal link with the performance of other military duties or education and training.”

[Ground of recognition] Facts without dispute, Gap 1, 4 evidence, Eul 1-1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

가. 원고의 주장 원고는 1967년 초경 26사단 75연대 신병교육중대에 배속되어 분대전투훈련 중 엎드려쏴 자세를 취하다가 좌안에 충격을 받았다.

The plaintiff completed a referring training to the certificate due to fear of grievances by commercial parties. After referring to the certificate, the plaintiff was bound by the 26th group 76th group 76th group B, and the middle group C Captain recommended the plaintiff to report the situation of the plaintiff's snow.

The plaintiff made a false statement to the interviewer that the company had gone to the time when the interviewer is in society due to concerns over suffering from grievances.

On November 25, 1968, the plaintiff was under operation at a hospital in 57, and was under medical treatment at a hospital in 63 Army, Military Hospital in 77 Army, Military Hospital in 77 Army, and discharged from military service on the part of the plaintiff.

The plaintiff had maintained a normal state of snow before entering the hospital, but there was a scambling in the face of injury during education and training for new illness.

In the long term, the coloning can proceed with the safe-term, and the plaintiff is the real name of the current Coordinating state.

Since the plaintiff's filing of the application has a proximate causal relation with the education and training of a new disease, the disposition of this case is unlawful.

B. The plaintiff suffered an injury during the course of education and training for a new disease.

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