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(영문) 서울행정법원 2017.06.14 2017구단10527
국가유공자 및 보훈대상자 등록 거부처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On September 29, 1970, the Plaintiff entered the Gun and served on the south from March 9, 1971 to December 29, 1971, and discharged on July 31, 1973.

B. On September 8, 2016, the Plaintiff: (a) entered the room on April 20, 1971, where the Defendant was dispatched to South and North Korea and served; and (b) as a telecommunications equipment unit on April 20, 1971, the Plaintiff is deemed to be “the instant difference between the fingers and the injured out of the left side.”

A person who has rendered distinguished services to the State was alleged to have received application for registration.

C. On January 5, 2017, the Defendant: (a) on the ground that there is no evidence to prove that the instant wound, other than the Plaintiff’s statement, had a proximate causal relation with the performance of military duties, such as combat action and performance of duties related thereto; and (b) thus, the instant wound is considered as “the instant disposition” in which the instant disposition was rendered to the Plaintiff, on the ground that

[The facts that there is no dispute over the basis for recognition, Gap evidence No. 1, Eul evidence No. 2, 3, 4, and 7, and the purport of the whole pleadings.]

2. Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State refers to the performance of duties or education and training directly related to the protection of national defense and security, or the protection of the people’s lives and property (including diseases) that military personnel or police officers sustained or suffer from illness during education and training or in the performance of duties. Therefore, in order to be different from the aforementioned provision, there is a proximate causal relation between education and training or in the performance of duties and their injury and disease, and the causal relation between the performance of duties, etc. and the injury and disease should be proved by the party asserting the causal relation (see, e.g., Supreme Court Decision 2012Du21161, May 16, 2014). The instant difference is in the course of performing duties or education and training directly related to the national defense and security, or

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