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(영문) 서울행정법원 2016.01.15 2014구단2792
국가유공자등록거부처분등취소
Text

1. On April 5, 2013, the Defendant’s decision Nos. 4 and 5 was rendered to the Plaintiff on April 5, 2013 as non-conformity of the requirements for persons who rendered distinguished services

Reasons

1. Details of the disposition;

A. On August 27, 2012, the Plaintiff filed an application for registration of persons who rendered distinguished services to the State with respect to the Defendant on the ground that “the escape from the signboards during the 3th, 4th, and 4, and 5th century” was caused by the performance of duties or education and training during the military service.

B. On April 5, 2013, the Defendant rendered a decision non-conforming to the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter the instant disposition) on the ground that “The Defendant rendered a non-conformity of the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation, on the ground that it is determined that the retirement from the past was caused during the military life, not by a private soldier working in barracks but by a private soldier working in barracks for 24 hours, and that the full-time reserve service, who is going to work at home,

C. The Plaintiff appealed and filed an administrative appeal on April 10, 2013, but was dismissed.

【Ground of recognition】 The fact that there is no dispute, Gap 4, 5, Eul 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Before entering the Plaintiff’s assertion, the Plaintiff did not have any king on the different parts of the instant case. However, after entering the Plaintiff, the Plaintiff conducted a harsh military training training at a distance of 30 kilometers from the mersh and 30 kilometers after entering the instant army, and the instant difference occurred.

Therefore, the defendant's disposition of this case, which was made on different premise, was unlawful since the difference occurred due to the plaintiff's performance of military duty or education and training.

B. 1) On November 16, 2010, the Plaintiff entered the Army as the full time reserve and was assigned to the National Army on December 30, 2010, and was discharged on August 22, 2012. 2) The Plaintiff was discharged from the military service on August 22, 2012. 2) On February 12, 2011, the Plaintiff received a training for Huuri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

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