logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.12.22 2015구단32449
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 October 14, 2013 and was discharged from active service on October 9, 2014.

B. On November 27, 2014, the Plaintiff filed an application with the Defendant for registration of persons who rendered distinguished services to the State on the basis of the Defendant’s filing of the “hive disc, slive disc slife slife slife slife slife slife slife slife, slife slife slife sl

On May 21, 2015, the Defendant rendered a decision on the Plaintiff’s non-conformity of the requirements for persons who have rendered distinguished services to the State (hereinafter “instant disposition”) and persons eligible for veteran’s compensation (hereinafter “instant disposition”) 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.”

【Facts without dispute over the ground for recognition, evidence Nos. 6, 7, Eul No. 1, 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 diseases caused during the performance of duties or education and training) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act”) means that military personnel or police officers are injured or ill in the course of performing their duties or education and training. Thus, in order to be different from the above provision, there is a proximate causal relation between performance of duties or education and education and their 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, it is possible to normally work

arrow