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(영문) 대전고등법원 2017.07.06 2017누10195
국가유공자비해당결정처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The grounds for the court’s explanation on this part of the Plaintiff’s assertion are as stated in each corresponding part of the grounds for the judgment of the court of first instance. Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. Article 4(1)6 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State and Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation mean that soldiers, etc. are injured or ill in the course of performing their duties or education and training. In order to be different from the above provision, there should be a proximate causal relationship between the performance of their duties or the education and training in order to be different from each other, and the causal relationship between the performance of their duties, etc. and the injury or disease must

(See Supreme Court Decision 2003Du5617 Decided September 23, 2003; Supreme Court Decision 2010Du12941 Decided October 28, 2010, etc.) B.

Judgment

According to the statements and images of Gap evidence Nos. 2 and 3, it is recognized that the official column of the results of physical examination on the register of the head of the Gu and their military service records of the plaintiff is a disturbance, and that the plaintiff appears to be the roof on the second left balance of the left side at the time of military service.

However, considering the following circumstances, the above facts alone are insufficient to recognize that the plaintiff's objection was caused by the accident alleged by the plaintiff during military service, and there is no other evidence to acknowledge it otherwise.

1) On January 3, 1966, the Plaintiff’s accident occurred in the course of preparation for the dispatch of snow removal work (hereinafter “Plaintiff’s accident”).

The first aid in the military as a result of the application has been received only for 20 days after receiving the first aid, and the private hospital was treated for 20 days.

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