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(영문) 대구지방법원 2015.06.19 2014구단2305
국가유공자요건비해당결정취소
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 October 22, 1954, the Plaintiff entered the Army, and was diagnosed by the military hospital as a captain and received treatment at the Gun hospital on April 28, 1955, which was under training at the Gun training center, and was discharged from military service on July 23, 1955.

B. On January 23, 2014, the Plaintiff asserted that “The instant accident was caused by the injury and injury to the seat of the pole during night training at the training center (hereinafter “instant accident”) and caused the injury and injury of “the real name of the seat and the rinderdo-si in the rinderdo-si” (hereinafter “instant injury and injury”)” to the Defendant, and filed an application for registration of persons of distinguished service to the State.

C. On August 7, 2014, the Defendant rendered a decision that “A person who rendered distinguished services to the State or a person eligible for veteran’s compensation did not recognize that the instant injury or disease was caused or aggravated due to the performance of military duties” (hereinafter “instant disposition”).

【Ground of recognition】 In the absence of dispute, Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 3-2, Eul evidence No. 4-1 through 3, Eul evidence No. 9, 10, 14, and 15, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff entered the Gun without any abnormal vision, and that the instant injury and disease occurred due to sudden decline in both sides of the instant accident that occurred during night training. As such, the instant injury and disease occurred due to “the performance of duties or education and training directly related to national defense, security, or the protection of people’s lives and property” under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, and thus, the Plaintiff should be recognized as a person of distinguished service to the State.

Even if the instant accident does not constitute “performance of duties or education and training directly related to national defense, security, or the protection of people’s lives and property”, the Plaintiff is recognized as a person eligible for veteran’s compensation.

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