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(영문) 광주지방법원 2019.02.14 2017구단10961
국가유공자요건비해당결정취소
Text

1. The plaintiff's main claim is dismissed.

2. Requirements for persons eligible for veteran’s compensation that the Defendant rendered to the Plaintiff on July 7, 2017.

Reasons

1. Details of the disposition;

A. The Plaintiff is a public official of the Korea Coast Guard appointed on November 2, 1987, who voluntarily retired on April 30, 2015.

B. The Plaintiff, at around 06:00 on June 17, 2014, started at a leisure house and arrived at a place of work at around 08:30, and confirmed that there was a patrol and winning person at the coast of the area (at least 100) and there was no water trend, the Plaintiff lost his mind while requesting a substitute worker at around 15:00 and waiting for it.

C. On January 11, 2016, the Plaintiff received medical treatment at Cmedical Center and D hospital, but caused symptoms of the right-hand body paralysis due to the left-hand cerebral transfusion, and filed an application for registration of persons of distinguished service to the State on the ground that he/she constitutes a soldier or policeman on duty as provided by Article 4(1)6 of the Act on Persons of Distinguished Service to the State, on the ground that he/she constitutes a soldier or policeman wounded on duty as provided by Article 4(1)6 of the Act on Persons of Distinguished Service to the State.

On July 7, 2017, the Defendant did not confirm objective data that the instant injury or disease occurred as a direct cause for the national defense and security, or for the protection of the people’s lives and property, and thus does not constitute a soldier or policeman on duty as prescribed by the Act on Persons of Distinguished Services to the State. Moreover, it is not determined that the performance of duties or education and training directly related to the national defense, security, or the protection of the people’s lives and property directly led to the rapid aggravation of the proceeding speed above the natural progress speed. However, it is not determined that the instant injury or disease does not constitute a soldier or policeman’s duty as prescribed by the Patriots and Veterans Compensation Act, on the ground that it is not determined that the occurrence or the proceeding speed rapidly aggravated due to the cause of the national defense, security, performance of duties not directly related to the protection of the people’s lives and property, or education and training.

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