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(영문) 서울행정법원 2015.05.14 2014구단53769
국가유공자요건비해당결정취소
Text

1. The decision that the Defendant rendered against the Plaintiff on April 30, 2013 constituted the requirement of a person who rendered distinguished services to the State shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On July 1, 1978, the Plaintiff entered the Army Special Power Headquarters (hereinafter “Special Power Company”) and performed military service as Staff sergeant, and was discharged from military service on May 31, 2012.

B. On June 4, 2012, the Plaintiff, while performing military service, rendered a disposition rejecting the Plaintiff’s application on the ground that there was no causal link between the instant wounds and the performance of his duties on April 30, 2013, on the ground that the Plaintiff’s application was not recognized (hereinafter “instant disposition”). The Plaintiff rendered a disposition rejecting the Plaintiff’s application on the ground that the causal link between the instant wounds and the performance of duties is not recognized.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, 2, and Eul evidence 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff worked in the Army Special History, and repeatedly fireed a cruel training necessary for the performance of his duties, such as a scarcity training, etc. As a result, both sides of the instant trees led to a serious group of gals, and a frequent scarbing injury.

On May 13, 2003, among them, the military unit patrol was conducted at night on May 13, 2003, and it was plicked by the left-hand plicking plicking plum, and the left-hand plicking plum was eventually the difference in this case due to continuous training and performance of duties.

Therefore, the defendant's disposition of this case, which was issued on a different premise, was unlawful since the difference occurred due to the plaintiff's performance of duty or education and training.

B. (i) The Plaintiff entered the special company on July 1, 1978 and received the education of new noncommissioned Officers for about six months until January 6, 1979. On January 9, 1979, the Plaintiff was assigned to the special group of military personnel and served until June 11, 1980, and was dispatched to the special group of personnel.

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