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(영문) 청주지방법원 2018.04.05 2016구합242
공상군경요건비해당 및 보훈보상대상요건비해당처분취소
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 March 11, 1997, the Plaintiff (B) entered the Army and was discharged from active service on June 9, 1999, and on May 26, 2015, filed an application for registration of persons who have rendered distinguished services to the State for the instant wounds with the Defendant on May 26, 2015, stating that “Along with and mental disease (hereinafter “the instant wounds”) occurred in the course of special activities and education and training conducted in the military service in 1999.”

B. On November 10, 2015, following the deliberation of the Board of Patriots and Veterans Entitlement, the Defendant rendered a decision on the requirements for soldier or policeman wounded on the ground that “the instant wound was caused by recognition of proximate causal relation with the performance of duties or education and training directly related to national security, etc., or caused the occurrence of proximate causal relation with other duties or education and training, and thus, it cannot be deemed that it does not meet the requirements for persons who have rendered distinguished services to the State and persons who have rendered distinguished services to the State, and on the ground that it did not meet the requirements for persons

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 6, the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. The Plaintiff’s 5-minute atmosphere duty performed by the Plaintiff should be immediately called to the site at the place where the Plaintiff was left, and shall arrive at the site within five minutes after finding scams or abnormal signs. The Plaintiff accompanied excessive physical and mental paths by the nature of the duty. The Plaintiff was diagnosed on February 17, 198 when one year elapsed since entering the Plaintiff without any uneasiness, and was diagnosed on February 17, 1998. Thus, the difference in the instant case directly caused the Plaintiff’s 5-minute atmosphere duty, which is related to the national security of the country or the protection of people’s lives and property.

Even if not, the Plaintiff’s performance of duties is the cause of the instant difference.

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