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(영문) 대전지방법원 2014.12.12 2014구단100285
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. The Plaintiff entered the Army as a soldier on September 8, 2008 and discharged the Plaintiff from active service on July 22, 2010.

B. On September 24, 2013, the Plaintiff applied for registration of a person who rendered distinguished services to the Defendant for “proving escape from a signboard (e.g., condition after the removal of protruding signboards)” (hereinafter “proving application”).

C. On February 10, 2014, the Defendant rendered a disposition against the Plaintiff on the ground that “The leap escape certificate is known to the emulculational disease that is caused by accumulation of stress on spine division, generated in the course of daily life, except in cases where special trauma (vehicle uniforms, fall, etc.) due to the characteristics of the military register is likely to generate spine,” and that the Plaintiff did not confirm the records of special external wounds related to the duties of the emulculation military, which may cause the emulculation of the emulculation escape certificate, and specific and objective records that may be recognized as being caused by the performance of duties or education and training directly related to the national defense, security, etc. on the relevant data are not verified, on the ground that it does not correspond to the requirements of persons who have rendered distinguished services to the State (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap 1, 3 evidence, Eul 1-1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On December 2008, the Plaintiff’s training for preparing operation was conducted to maintain the best ability to perform the wartime operations, and the Plaintiff was performing the duty to move 155 meters frequently from the training for preparing operation.

On December 2009, the Plaintiff performed the snow removal work for the support of the general public due to the ice on the roads in the Namyang-si.

Cruel training was conducted on January 201, 201 by the Plaintiff due to the high strength training for overcoming the trend and improving the ability to carry out the operations of the East and East.

The plaintiff was applied for a preliminary operation training, snow removal training, or harsh training, which is called "the person of distinguished service to the State".

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