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(영문) 대구지방법원 2015.10.23 2014구단11149
국가유공자요건비해당결정취소
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 August 14, 1995, the Plaintiff entered the Army and was discharged from military service on October 10, 1996 when serving in the search team of the third sergeants.

B. On March 25, 2014, the Plaintiff filed an application with the Defendant for registration of persons who rendered distinguished services to the State on the grounds that the same-sexs in the military, while playing as the same-sexs, experienced a disaster such as a landslide, such as a serious ice shot, etc. (hereinafter “instant wound”).

C. Accordingly, on July 22, 2014, the Defendant rendered a decision on the eligibility of a person who rendered distinguished services to the State and a person eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that the causal link between the instant branch’s performance of official duties is not recognized against the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 5, 8, 10, Eul evidence Nos. 1 and 3 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion entered the Gun without any particular mental problem. After being placed in the Gun, the plaintiff was placed in the Gun, and was subject to severe ice sacr and cruel acts from the appointed soldiers, and was subject to bullying after being playing the play called "sex" from the appointed soldiers and the fellows. Since having experience in being isolated from a landslide during the GP work, the disease in this case was suffering from heavy stress and was suffering from the disease in this case.

Therefore, since the injury and disease of this case is found to have a proximate causal relation with the performance of military duties, the prior defendant's disposition of this case is unlawful on different premise.

(b) Determination 1) Article 4(1)6 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State and Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State”)

The term "in order to fall under the category" shall be between performance of duties, education and training, injury or disease.

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