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(영문) 서울행정법원 2016.09.09 2015구단21448
국가유공자등록거부처분취소
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 June 4, 2012, the Plaintiff entered the Army as a deceased soldier and discharged from military service on October 28, 2013 on the ground of “high blood without any influence on the left side” (hereinafter the instant wounds), and filed an application for registration with the Defendant to have rendered distinguished services to the State.

B. On December 12, 2014, the Defendant rendered a decision that did not have a proximate causal relationship between the instant wounds and the Plaintiff’s performance of military duties or education and training to meet the requirements for persons of distinguished service to the State and the requirements for persons eligible for veteran’s compensation (hereinafter the instant disposition)

C. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed on September 8, 2015.

[Ground of recognition] Facts without dispute, Gap 1, 14, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. On January 201, 2013, the Plaintiff asserted that the Plaintiff was faced with the goods stay in the military unit, which he had been transported by the Dong rent (hereinafter the instant accident). Since the instant difference was caused or aggravated due to the occurrence or aggravation, the instant disposition made on a different premise is unlawful.

B. Determination 1) In order to fall under “an injury during the performance of duties or education and training (including a disease)” under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State and Article 2(1)2 of the Act on Support for Persons, etc. of Distinguished Services to the State, there should be a proximate causal relationship between education and training, performance of duties, and injury or disease, and the existence of proximate causal relationship should be proved by the party asserting such proximate causal relationship (see, e.g., Supreme Court Decision 2003Du5617, Sept. 23, 2003; 2003Du5617, Sept. 23, 2003); rather, it should be proved that there is a proximate causal relationship between education and training, performance of duties, and injury or disease

However, the outbreak and aggravation of modern medical science without reaching the degree of this.

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