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(영문) 인천지방법원 2016.01.26 2015구단50600
국가유공자요건비해당결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On March 7, 1969, the Plaintiff entered the Army and was discharged in the Vietnam War from February 8, 1970 to December 18, 1971, and was discharged from military service on February 12, 1972. During the military service, the Plaintiff was suffering from the difference in “on the left side of the ship” (hereinafter “the instant wound”) and filed an application for registration with the Defendant on September 2, 2014, but the Defendant rendered a decision that the instant wound against the Plaintiff does not constitute a person of distinguished service to the State on the ground that there is no proximate causal relation with the military service (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap 1, 3, Eul 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. At the time of the Plaintiff’s assertion in Vietnam War, the Plaintiff’s military unit, who served in the Vietnam War, was injured on the left top of the body, but was discharged from military service without proper treatment.

In light of these circumstances, the instant disposition is unlawful even if proximate causal relation is recognized between the instant wound and the military performance.

B. A soldier, police officer, or police officer, etc., under Article 2(1)2 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State and Support for Persons Eligible for Veteran’s Compensation have different requirements depending on the degree of performance of duties or education and training, the degree of relationship between national defense and security, or the protection of the lives and property of the people, the background of the wounds, and the existence and degree of negligence. However, both of the two elements basically require the recognition of causation between the performance of duties, education and training, and the injury

In other words, in the case of soldiers and police officers on duty, the disease occurs as a direct cause of clear credit that occurred during the performance of duties or education and training, or as a direct cause of the performance of duties or education and training.

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