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(영문) 창원지방법원 2013.12.24 2013구합961
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 April 1, 1974, the Plaintiff entered the Navy and was discharged from office on November 15, 1976.

B. On January 26, 2012, the Plaintiff filed an application for the registration of a person of distinguished service to the Defendant on the ground that “knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-

C. As to this, the Defendant rendered a decision on September 13, 2012 on the ground that “There is no beds or hospitalization record prepared on the instant difference during the Plaintiff’s military service, and there is no specific and objective evidence to acknowledge that the instant difference occurred during the military service except the Plaintiff’s statement, and thus, it cannot be deemed that there is a proximate causal relation with the military service.”

(hereinafter “Disposition in this case”). / [Grounds for recognition] The fact that there is no dispute, Gap evidence 1-1, 2, 3, Eul evidence 1-1, 2-2, Eul evidence 6 and 7, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s Navy Chief of Staff issued a factual confirmation related to the requirements for persons who rendered distinguished services to the State, and letter of personal guarantee, such as B, C, and D, which served in the military unit like the Plaintiff, can be verified by the Plaintiff during the military performance, so there is a proximate causal link with the military performance of official duties.

B. Determination 1) Article 4(1)4 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (the term "in the course of combat action or in the performance of duties corresponding thereto" refers to the injury or disease that a soldier or police officer sustained in action or in the course of combat action or in the performance of duties. Thus, in order to be wounded under the above provision, it is between combat action

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