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(영문) 춘천지방법원강릉지원 2017.08.31 2016구합50342
국가유공자요건비해당결정취소
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On January 11, 1990, the Plaintiff entered the Army and was trained at the Edsan Training Center, and served as a combat auxiliary police officer, and was discharged from military service on November 12, 1992.

B. The Plaintiff filed an application for registration of a person of distinguished service to the State, alleging that he/she was killed in a high-frequency heat during explosion while he/she was admitted to the training center in the field of rice farming, and received training for the operation of each dog and hydrostan.

C. On April 12, 2016, the Defendant rendered a decision that it does not constitute a soldier or policeman on duty or a soldier or policeman under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on Persons, etc.”) on the Support for Persons, etc. of Distinguished Services to the State on the ground that there is no specific and objective supporting material to deem that the Plaintiff’s high-frequency salt (the instant wound) was caused by the performance of military duty or education and training, and that there is no proximate causal relation with the performance of military duties (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 8, and 2-2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was confirmed in normal conditions in the physical examination for admission received before one month from the Plaintiff entered the training center, and the Plaintiff was diagnosed as chronic heavyitis during the military service period, and was discharged from military service at the police hospital and private hospital on several occasions due to the recurrence of the instant wounds.

Even after discharge, the Plaintiff had been treated several times due to the instant wound, but the symptoms have deteriorated, and as such, the Plaintiff’s wound was caused by high-frequency heat during training, there is a proximate causal link between the instant wound and the military performance.

Therefore, the Act on Persons of Distinguished Services to the State is applicable.

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