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(영문) 대전지방법원 2016.11.24 2013구단227
국가유공자등록거부처분취소
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s person eligible for veteran’s compensation against the Plaintiff on December 10, 2012.

Reasons

1. Details of the disposition;

A. On December 12, 1994, the Plaintiff’s partner C (hereinafter “the deceased”) was discharged from military service on July 12, 1995.

B. On December 18, 2002, the Deceased, on the part of the Defendant on December 18, 2002, shall be the escape card of the conical signboard No. 4-5 during military service (hereinafter “instant injury”).

(A) An application was filed for registration of a person of distinguished service to the State on the ground that the Defendant performed a medical examination, but the Defendant was recognized as a person of distinguished service to the State, but the person was determined below the classification criteria in the disability rating and applied for a physical examination for disability ratings at a number of times thereafter.

On May 9, 2011, the Deceased applied for a physical examination for the classification of disability ratings again to the Defendant. On September 14, 2011, the Deceased received a disposition of non-conformity with the requirements of persons who rendered distinguished services to the State on the ground that the instant wound was not recognized as having caused proximate causal relation with the performance of military duties. While filing an administrative appeal, the Deceased died on the ground of traffic accident around December 31, 201.

C. On July 25, 2012, the Plaintiff filed an application with the Defendant for registration of a person who has rendered distinguished services to the State or a person eligible for veteran’s compensation. On December 10, 2012, the Defendant rendered a decision on the non-conforming of the requirements for persons who have rendered distinguished services to the State or a person eligible for veteran’s compensation (hereinafter “instant disposition”), on the ground that, in full view of the following: (a) the Plaintiff’s past record was verified against the deceased on his/her entrance to the World War; and (b) the symptoms revealed without credit after his/her entrance to the State, it is not verified that additional supporting materials are not verified; and (c) there is no direct relation with military duties or education and

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-2, Gap evidence 4-1, 2, and 3-3, the purport of the whole pleadings

2. The Plaintiff’s assertion is before entering the military.

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