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(영문) 대구지방법원 2021.03.19 2019구단10653
국가유공자 및 보훈보상대상자 요건 비해당 결정 통지 취소
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 August 20, 1979, the Plaintiff joined the Marine Corps and was discharged from military service on June 16, 1980.

B. In 2007 and 2009, the Plaintiff applied for the registration of a person of distinguished service to the State by filing an application for “the overall fluence” with the Defendant (hereinafter “the instant wound”). However, the Defendant rendered a decision that all twice on the ground that “the instant wound does not have objective data to verify whether it is a disease related to official duties,” and that the fluence is not yet known of detailed cause of occurrence, but it is difficult to recognize relevance with military duties because it is judged that it is not related to daily life,” and thus, it does not constitute the requirements for distinguished service to the State.

(c)

On October 23, 2018, the Plaintiff filed an application for the instant wounds and filed a re-application for the registration of a person with distinguished service to the State. The Defendant, following deliberation by the Board of Patriots and Veterans Entitlement on April 23, 2019, filed a motion for re-application for the registration of a person with distinguished service to the State, and the Defendant, following deliberation by the Board of Patriots and Veterans Entitlement.

In contrast, it is difficult to recognize that the Plaintiff rapidly aggravated the disease by working in a special business environment beyond the scope of general military service, and as a result, rapidly aggravated the outbreak of the disease or the progress of nature.

On the ground that there is no record to see, and there is no change in circumstances to reverse the existing deliberation determination, the Plaintiff rendered a decision that the Plaintiff does not constitute a person eligible for veterans compensation as prescribed by the Act on the Support of Persons of Distinguished Services to the State or Persons Eligible for Veterans Compensation (hereinafter “instant disposition”).

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, Eul evidence Nos. 1 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff was suffering from the instant wounds due to excessive stress following the Plaintiff’s severe rescue and training, etc. while serving in the Plaintiff’s active service.

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