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(영문) 수원지방법원 2014.01.08 2012구단3020
국가유공자요건비해당처분취소
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 August 25, 1981, the Plaintiff entered the Gun and was discharged from military service on April 10, 1982. On November 3, 201, the Plaintiff filed an application for registration of persons of distinguished service to the State with the Defendant on the ground that “In the course of performing combat reserve replacement work during the military service, the drum containing oil was cut, stockpiled, and displayed on the drums during the battle and on the bridge, and sustained the difference in the hive disc (hereinafter “instant difference”).”

B. On April 13, 2012, the Defendant rendered a decision on the non-conformity of the requirements for a person of distinguished service to the State (hereinafter “instant disposition”) on the ground that the Plaintiff, following the deliberation and resolution of the Board of Patriots and Veterans Entitlement, “it is difficult to recognize proximate causal relation between the instant wounds and the military performance.”

【Ground of recognition】 Evidence 1-1, 2, Evidence 3-1 through 4, Evidence 5, and evidence 1-1

2. Whether the instant disposition is lawful

A. Although the Plaintiff asserted that he was admitted to the Gun and served as B from the 17th unit of the 3th unit support headquarters to the 16th unit of the 3th unit of the 17th unit of the 3th unit of the 16th unit of the 3th unit of the 17th unit of the 3th unit of the 3th unit of the 16th unit of the 16th unit of the 3th unit of the 16th unit

B. Determination 1) Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Act No. 11041, Sept. 15, 201) (including diseases in the line of duty during the course of education, training, or performance of duties)

"It means that a soldier or police officer is injured or suffering from a disease during education and training or in the performance of duty, so there is a proximate causal relation between education and training or performance of duty and that of the injury or disease, and the existing disease overlaps with education and training or performance of duty.

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