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(영문) 대구지방법원 2016.01.15 2014구단2930
국가유공자등록거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On March 24, 1965, the Plaintiff entered the Army and was discharged from military service on September 9, 1967.

B. On October 7, 2013, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State to the Defendant on the ground that the “Korea War” occurred while serving in the military (hereinafter “instant injury and disease”).

C. Accordingly, on March 28, 2014, the Defendant rendered a decision to the Plaintiff on the ground that “The objective data to prove the proximate causal relationship between the instant branch and the military performance of official duties is not confirmed” (hereinafter “instant disposition”). D.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission rendered a ruling dismissing the said appeal on August 26, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2, Eul evidence 3-3, Eul evidence 5 and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff was infected by the injury of this case while serving in the military, and caused the paralysis and the symptoms that make it impossible to walk out because the floor of the disease of this case became worse. The plaintiff cut off all the dusts after discharge, because the military hospital failed to properly treat it due to the malfunction.

Therefore, there is a proximate causal relation between the branch and the military performance of official duties in the instant case. Therefore, the prior Defendant’s disposition was unlawful on a different premise.

B. Determination 1) Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (including diseases in official duties in education and training or in the performance of duties).

The term "military personnel or police officers" refers to the injury or disease of military personnel or police officers during education and training or in the performance of their duties, so there is a proximate causal relationship between education and training or in the performance of their duties and the injury or disease thereof.

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