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(영문) 부산지방법원 2017.07.12 2017구단248
국가유공자요건비해당결정취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On January 9, 1970, the Plaintiff entered the Army and was dispatched from August 2, 1970 to July 10, 1972, and was discharged from military service on December 6, 1972.

B. On June 2016, the Plaintiff filed an application for registration of persons who have rendered distinguished services to the Defendant on the ground that there was a defect in Cheongsung (hereinafter “the instant injury”) due to spaculation while serving in the Vietnam War as a master, on the ground that there was a defect in Cheongsung (hereinafter “the injury”).

C. On December 5, 2016, the Defendant determined that the instant injury did not notify the Plaintiff of the name of a soldier on the basis of the factual verification related to the requirements, the time and time of injury, the cause of injury, and the medical records did not exist; the submitted diagnosis and medical records merely show the Plaintiff’s symptoms and degree of disability; and there are no objective supporting materials to deem that the injury was sustained during combat action and in the performance of his/her duties; thus, the Defendant did not meet the requirements under Article 2(1)2 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Services to the State”), or Article 4(1)6 of the Act on the Support for Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Services to the State”).

(hereinafter “Disposition in this case”). / [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, 2, Eul evidence 1, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff’s assertion was unlawful since the Plaintiff’s injury and disease occurred in the course of service in Vietnam War as a noise from shooting. As such, the instant disposition otherwise determined was unlawful.

B. Under Article 4(1)6 of the Act on Persons of Distinguished Services to the State, soldiers are discharged from military service or retired from military service by suffering from wounds in the performance of their duties or education and training directly related to national defense and security or the protection of the lives and property of the people (including diseases).

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