(영문) 의정부지방법원 2014.01.27 2012구단957

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(영문) 의정부지방법원 2014.01.27 2012구단957

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 December 17, 1988, the Plaintiff was discharged from military service on the part of the Army, and was discharged from military service on February 28, 201, under the Major Order of Soviet.

B. On March 15, 2011, the Plaintiff filed an application for registration of a person who has rendered distinguished services to the State on the ground that the proximate causal relation between the instant wound and the military performance of official duties is not recognized on January 19, 201, while the Plaintiff rejected the application on the ground that there is no proximate causal relation between the instant wound and the military performance of official duties.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence 8-5, Gap’s evidence 9-1, 2, Eul’s evidence 1-3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff asserted that he participated in the flag competition during the period of the sports competition for the estimation of the total of 182 households of Sep. 28, 1996, and suffered from the injury with the right knee-flae-fele-fele-fele-fele-felg, and received treatment with the pains of both slurries.

In addition, on June 25, 2009, the Plaintiff participated in a serious counter-feasing knee-knee-knee-knee-kne-kne-kne-kne-kne-kne-kne-kne

Therefore, the instant difference should be recognized as having proximate causal relation with the military performance.

B. 1) The term “an injury during education and training or on duty (including an injury in the line of duty)” under Article 4(1)6 (including an injury in the line of duty) of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 11041, Sept. 15, 201) means that a soldier, etc. suffers from an injury or disease in the course of education and training or performance of duty. Therefore, in order to become an injury as prescribed by the foregoing provision, there is a proximate causal relation between the injury and the injury or disease in the course of performing duty, and the causal relation between the injury and the injury should be proved by

참조조문

-국가유공자 등 예우 및 지원에 관한 법률 제4조 제1항 제6호

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