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(영문) 서울행정법원 2015.02.12 2013구단737
국가유공자요건비해당결정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. After entering the 2009 on April 6, 2009, the Plaintiff applied for the registration of persons who have rendered distinguished services to the State to the Defendant on June 7, 2012 on the ground that: (a) on August 26, 2009, 2009, the Plaintiff served as the base 200 installation support team located in the base 20 flight team; (b) the remainder after the off-site work was conducted on August 26, 2009; and (c) the 80km of pine columns transported on November 5, 2009; and (d) he was discharged from military service on May 8, 2010 on the ground that he was discharged from military service on the ground that he was discharged from military service on the part of May 8, 2010.

B. On December 24, 2012, the Defendant issued a notification of non-existence of the requirements for a person of distinguished service to the State (hereinafter “instant disposition”) on the ground that the occurrence of the instant injury did not have proximate causal relation with the official duties, on the grounds that the Plaintiff had a past history to be presumed to have been necessary for the Plaintiff and that there was no proof

[Ground of recognition] The fact that there is no dispute, Gap evidence 1 through 4, purport of whole pleading

2. Whether the disposition is lawful;

A. Inasmuch as it is apparent that the Plaintiff’s assertion aggravated pain during the military service and led to the discharge from military service, there is a proximate causal relationship between the instant wounds and the performance of military service.

B. (1) The term “an injury during education and training or in the performance of duty (including diseases in official duties)” referred to in Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State refers to a soldier or police officer’s injury or disease during education and training or in the performance of duty, and there is a proximate causal relation between education and training or in the performance of duty and the injury or disease. It does not necessarily have to be proved in medical or natural science, but it is presumed that there is a proximate causal relation between education and training or in the performance of duty and the injury or disease when considering all the circumstances, and it is possible to normally work in the ordinary sense.

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