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(영문) 대구지방법원 2017.08.25 2016구단10539
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 March 3, 1985, the Plaintiff entered the Cschool C Group and received officer training, and on February 26, 1988, entered the Air Force and was discharged from military service on March 31, 1993.

B. On November 25, 2005, the Plaintiff filed an application for registration of a person who has rendered distinguished services to the State on the ground that, on August 25, 2005, the Plaintiff had been undergoing a barrack training around August 1985, while attending a school B, caused sobreging vadi to vadi, which was in a night training course, and was in a group of the air force, and was discharged from military service after being diagnosed as “dive spine salt,” during the combat season maintenance service, the Plaintiff applied for registration of a person who has rendered distinguished services to the State, and on April 17, 2006, the Defendant rendered a decision equivalent to the requirements of a person who has rendered distinguished services to the State on the ground that it is difficult to recognize a proximate causal relation with the military duty.

C. After that, on May 8, 2014, the Plaintiff filed an application for re-registration with the Defendant on the basis of the difference between the “porizontal escape certificate” and the “gradical spine salt,” and on June 5, 2015, the Defendant rendered a decision that the “presidential escape certificate” constituted the requirements for a person eligible for veteran’s compensation. However, with respect to “satisfebrate”, it cannot be deemed that (i) the performance of duties or education and training directly related to the national defense and security, or the protection of the lives and property of the people was directly caused; and (ii) on the ground that the performance of duties or education and training during the military service cannot be deemed to have rapidly deteriorated above the development or the speed of natural progress due to the cause of the occurrence of the outbreak or education and training.

The Plaintiff filed the instant lawsuit against a person who rendered distinguished services to the State and a person eligible for veteran’s compensation (hereinafter referred to as “instant disposition”) against “Gradical spine salt” (hereinafter referred to as “the instant wounds”).

[Ground of recognition] Facts without dispute, Eul's entry of evidence Nos. 1, 3 through 11, 18, 20, and the purport of the whole pleadings.

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