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(영문) 울산지방법원 2019.01.24 2016구합6294
국가유공자 및 보훈보상대상자 요건 비해당 결정취소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Details of the disposition;

A. On September 25, 2012, the Plaintiff (BBs and South Korea) was discharged from military service on December 23, 2013 while serving in the Army, and was discharged from military service on December 23, 2013.

B. On January 20, 2014, the Plaintiff asserted that “the military service caused a war-free disease’s mission, night duty, or harsh training, etc., and rapidly aggravated at a natural progress level,” and filed for registration of persons who have rendered distinguished services to the State. However, on May 27, 2014, the Defendant rendered a determination on the person eligible for veteran’s compensation under the former part of Article 4(1)6 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State (hereinafter “Act on the Persons of Distinguished Services to the State”), on the ground that “It is not verified objective proof that the instant injury occurred in the course of performing duties or education and training directly related to the protection and security of the State or the protection of the lives and property of the people, and it is difficult to find a proximate causal relationship with the person eligible for veteran’s compensation under the former part of Article 2(1)6 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State.”

C. On September 4, 2015, the Plaintiff asserted to the Defendant that “the medical accident that occurred in the course of performing a further organization examination at a national Gun hospital also caused the occurrence of the instant injury or the rapid aggravation of the nature and progress at a rapid level beyond the growth level” in addition to the previous reasons, and filed an application for registration again to the Defendant for distinguished service to the State. However, on March 3, 2016, the Defendant rendered a decision to the Plaintiff on March 3, 2016 on the requirements for persons who have rendered distinguished service to the State (hereinafter “instant disposition”).

The Plaintiff’s instant case to the Central Administrative Appeals Commission on April 15, 2016.

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