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(영문) 대전지방법원 2017.10.26 2016구단100883
국가유공자요건비해당결정취소
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s person eligible for veteran’s compensation against the Plaintiff on July 21, 2016.

Reasons

1. Details of the disposition;

A. On March 19, 1971, the Plaintiff entered the Army Soldiers with the maturity of January 31, 1974.

The plaintiff participated in Vietnam War from December 28, 1971 to December 3, 1972 while serving in the military.

B. On December 14, 2011, the Plaintiff filed an application with the Defendant for registration of a person who has rendered distinguished services to the State under the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 11041, Sept. 15, 2011) on the ground that “The Plaintiff was exposed to both returned home in the military service, and was suffering from heavy infection due to a serious depression in the Malaria in the course of Malarma operations on August 1972, 1972.” On March 30, 2012, the Plaintiff rejected the registration of a person who has rendered distinguished services to the State on the ground that the Plaintiff does not meet the requirements for soldier or policeman wounded in action or soldier or policeman wounded in action.

C. Although the Plaintiff filed a lawsuit seeking the revocation of the instant refusal disposition with the Daejeon District Court 2013Gudan67, the court rendered a judgment dismissing the Plaintiff’s claim on July 11, 2014 on the grounds that it is difficult to deem the proximate causal relationship between the Plaintiff’s appeal and the Plaintiff’s appeal were dismissed, and the said judgment became final and conclusive on May 28, 2015.

On April 4, 2016, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State on the ground that “The Vietnam War was exposed to each other’s capture, and that he was suffering from heavy infection due to a climatic depression in sexual horse operations around August 1972, 1972,” and the Defendant notified the applicant of the disposition corresponding to the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation on the ground that the proximate causal relationship between the instant wounds and the Plaintiff’s military duties or training cannot be acknowledged on July 21, 2016.

hereinafter referred to as "decision on the non-conformity of persons who have rendered distinguished services to the State" and "the requirement of persons eligible for veteran's compensation in this case" is not met.

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