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(영문) 수원지방법원 2016.09.21 2015구단32869
국가유공자및보훈보상대상자 요건비해당결정처분취소
Text

1. On September 11, 2014, the Defendant’s decision to deny the Plaintiff’s eligibility as a person eligible for veteran’s compensation.

2. The plaintiff.

Reasons

1. Details of the disposition;

A. On November 28, 201, the Plaintiff entered the Air Force, and was discharged from active service on November 27, 2013, the Plaintiff filed an application for registration of a person of distinguished service to the State on January 8, 2014, by asserting that: (a) he/she was discharged from active service on the ground that he/she had been discharged from active service on the 3rd Air Force B (hereinafter “affiliated unit”); and (b) he/she was discharged from active service on the 522 B (hereinafter “affiliated unit”); (c) he/she had been discharged from active service on the ground that he/she was forced to undergo bullying, verbal abuse, and bullying from an appointed soldier.

B. As to this, on September 11, 2014, the Defendant rendered a non-specific decision on the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that the instant injury and disease was not recognized as having caused the occurrence or aggravation of proximate causal relation with military duties or education and training.

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission on November 6, 2014, but was dismissed on June 23, 2015.

[Ground of recognition] Facts without dispute, Gap 1, 2, 17, 18, Eul 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion did not have any disease related to the instant superior branch until he/she was placed in the front or the post-entry unit and had been on duty. Since there was a proximate causal relation between the Plaintiff’s performance of his/her service in the instant superior branch and the instant superior branch from July 2012 to November 2012, after continuously faced with betata and cruel treatment from the selected soldiers, and 14 months have passed since the Plaintiff entered the instant superior branch and the military service.

B. It is as shown in attached Form 1 of the relevant statutes.

C. On February 20, 2002, the plaintiff of the plaintiff's academic achievement and the pre-entry status of the plaintiff of the recognition 1 graduated from C elementary school located in the area of Sungnam-si, and graduated from C middle school on February 4, 2005, and on March 2, 2005, after entering C High School on August 21, 2006, he transferred the above high school to D High School on February 13, 2008.

The results of the plaintiff's middle and high schools are replaced.

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