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(영문) 대구지방법원 2017.04.21 2016구단11303
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 June 30, 2015, while serving in the Army, the Plaintiff was diagnosed as “vertebrate separation certificate” and “vertebrate ebrate ebrate ebrate ebrate ebrate” and was discharged from military service on April 4, 2016.

B. On April 6, 2016, the Plaintiff filed an application for registration with the Defendant for registration of a person who rendered distinguished services to the State, alleging that “the Plaintiff had completed education and training and performance of official duties in the military service.”

(B) The Plaintiff’s hyebrate separation certificate, which is the Plaintiff’s hyebrate disease, and “the hyebrate hyebrate,” which is the case’s hyebrate.

On July 11, 2016, the Defendant issued a notice of determination on the non-conformity of the requirements for persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that the instant wounds cannot be deemed as directly causing the occurrence of performance of duties or education and training directly related to the protection of national defense and security, or the protection of citizens’ lives and property, and that such performance of duties or education and training cannot be deemed as rapidly aggravated at a level above the level of natural progress due to the direct cause of the said performance of duties or education and training, or that they cannot be deemed as rapidly aggravated at a level above the level of natural progress.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6 through 8, Eul evidence 1, 3 through 5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. On August 3, 2015, the Plaintiff asserted that he/she was diagnosed as the instant wound and received vertebrate ebrate since he/she had been in the military training division of the New Disease Education Team and the transfer of the training division to his/her own, around October 9, 2015.

Therefore, the instant wounds led to the occurrence of an accident during the performance of military duties or aggravation of their natural progress beyond the speed of progress, and thus, the instant disposition should be revoked.

B. Determination 1) Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the relevant legal doctrine (hereinafter “Act”).

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