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(영문) 대구고등법원 2017.06.09 2016누6758
국가유공자및보훈보상대상자요건비해당결정처분취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Details of the disposition;

A. On November 29, 2010, the Plaintiff entered the Army and worked as a member of the Special Electric Power Headquarters as a special electric power center, and was discharged from the service on September 3, 2012.

B. On June 5, 2012, the Plaintiff asserted that, among regular training conducted by the military unit on a day-to-day basis, he/she suffered from the wounds of “ekne-to-face knee-to-face kne-to-face (hereinafter “instant wounds”), kne-to-face kne-to-face kne-to-face kne-face kne-to-face kne (hereinafter “instant wounds”), and filed an application for registration of persons of distinguished service to the State on November 12, 2014

C. On March 31, 2015, the Defendant rendered a decision that the Plaintiff does not meet the requirements for persons who have rendered distinguished services to the State or persons eligible for veteran’s compensation on the ground that there is no proximate causal relation between the instant wounds and the military performance of official duties (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 2, Eul evidence 5 and 8, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is that the plaintiff's difference is the right skne skne skne skne skne skne skne skne skne-sknee skne-skne skne skne-skne skne skne s

However, after the occurrence of the accident on June 5, 2012, the Plaintiff was diagnosed by the Armed Forces Waterworks Hospital and the Armed Forces Daegu Hospital, and was hospitalized for a long time.

In addition, since the difference in this case is obvious that it occurred during education and training, there is a proximate causal relation with job performance or education.

Therefore, the instant disposition on the ground that it is difficult to recognize the proximate causal relation with the instant difference and the performance of duties or education and training should be revoked in an unlawful manner.

B. In fact, the Plaintiff did not receive medical treatment before entering the military with respect to the right-free part, and there is no record.

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