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(영문) 춘천지방법원 2015.02.13 2014구합4786
국가유공자 및 보훈보상대상자 요건 비해당 결정 처분 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. The plaintiff entered the Army on April 16, 2001 and was discharged from office on June 15, 2003.

B. On December 26, 2013, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State on the ground that there was an efficiencies caused by stress that he/she had received while serving in the military (hereinafter “the instant case”).

C. On June 16, 2014, the Defendant rendered a decision on the Plaintiff’s non-conformity of the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation on the ground that the instant wounds cannot be deemed to have arisen due to the performance

(hereinafter “Disposition of this case”). 【No ground for recognition”, “No ground for recognition”, “No evidence Nos. 8, and Nos. 1, 5, and 6”, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. On June 2001, the Plaintiff asserted that the Plaintiff had been serving in the military for more than one hour in the process of collecting human portion at a warehouse, and had been sent back to the Daegu Hospital of the Armed Forces and received treatment after being sent back to the said hospital by the Defendant, which was then sent back to the hospital of the Armed Forces.

In addition, the Plaintiff had been subject to repeated olds, and the Plaintiff could not take the waters properly as he had worked 6 times a week on 2-3 occasions a day. Since the instant accident occurred due to excessive stress that occurred during military service, such as frequent exposure to chemical substances while carrying oil from oil tanks, etc., it should be deemed that there exists a proximate causal relation between the Plaintiff’s military performance of official duties and the instant difference, the instant disposition based on the different premise is unlawful.

B. The relevant laws and subordinate statutes are as listed in the attached Form.

C. Determination 1) Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (the term "in the course of education and training or performance of duty as stated in the military police police in the line of duty" means that military personnel or police officials are injured or ill in the course of education and training or performance of duty.

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