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(영문) 서울행정법원 2014.08.28 2013구단6438
국가유공자요건비해당등결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. After entering the Army on August 25, 2009, the Plaintiff served as B belonging to the headquarters of the 57th Team of the 57th Team and the 223th Team, and was discharged from the military service upon receiving a pre-feitculcing on June 15, 2010. On July 20, 2012, the Plaintiff asserted that, at the time of B’s service, the Plaintiff was under the diagnosis of “abscopic fecopic pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary A” (hereinafter “the instant difference”), and applied for registration of a person who has rendered distinguished services to the State or a person eligible for veteran’s compensation.

B. On December 14, 2012, the Defendant issued a notice of determination on the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that the occurrence of the instant injury did not have proximate causal link with the official duties to the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, Gap No. 1 and 2, and the purport of the whole pleading

2. Whether the disposition is lawful;

A. The Plaintiff asserted that there was no history or smoking history of the military entrance-related disease, and the officers and noncommissioned officers belonging to C during their duties continuously smoked in the office, thereby exposed to the harmful environment and led to the diagnosis of waste and waste cancer. Therefore, there is a proximate causal relationship between the instant wound and the performance of official duties.

B. (1) Determination means that a soldier, etc. was injured or ill in the course of performing his/her duties or education and training (including a disease) under Article 4(1)6 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State and Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation means that a soldier, etc. was injured or ill in the course of performing his/her duties or education and training. In order to become different from the above provision, there should be a proximate causal relationship between his/her duties, education

(see, e.g., Supreme Court Decisions 2003Du5617, Sept. 23, 2003; 2010Du12941, Oct. 28, 2010).

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