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(영문) 전주지방법원 2017.03.08 2015구단1168
국가유공자요건비해당결정취소
Text

The defendant, May 1, 2015, is against the plaintiff, No. 2-3, No. 3-4, and No. 4-5 on the right side.

Reasons

1. Facts of recognition;

A. On February 24, 2014, the Plaintiff entered the Army, and served as a communications soldier on April 1, 2014 as a military command headquarters 702 special co-ordination.

However, around 22:00 on September 25, 2014, the Plaintiff suffered injury on the part of the main base of the mountain field by inserting approximately approximately 20 km equipment, such as communications equipment, and filling up 1-2 meters away from the front door of the mountain route where the Plaintiff was running a mountain path, while receiving mountain night-scoping training (hereinafter “instant training”) during the joint combat team training at around 22:0.3 meters away from the front door of 1-2 meters.

As a result, the Plaintiff was diagnosed on October 28, 2014, No. 2-3, No. 3-4 on the left, and No. 4-5 on the right side (hereinafter “instant injury”). On October 22, 2014, the Plaintiff was discharged from military service on November 25, 2014.

B. On December 2, 2014, the Plaintiff filed an application for registration of a person of distinguished service to the State on the left-hand side Nos. 2-3, 3-4, and 4-5 on the right-hand side.

Accordingly, on May 1, 2015, the defendant showed symptoms on the left side of the 3-4 conical emergency escape certificate (after the conical emergency signboard escape certificate), and there is no vertebra, etc. that can recognize that the conical emergency escape certificate was caused by acutely higher conditions. In addition, in the case where an acute emergency is not caused by obvious external symptoms that may cause verteculate due to military register characteristics, the stimulative disease should be deemed aggravated. Thus, on the ground that the injury suffered in the course of performing duties or education and training directly related to the national protection and security, or the protection of the lives and property of the people is not judged to have been caused by acute conditions, Article 4 subparagraph 6 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State (hereinafter referred to as the "Act on the Persons of Distinguished Service to the State") is not recognized, but the person eligible for veteran's compensation under the former part of Article 4 subparagraph 6 of the Act on the Support of Soldiers and Veterans.

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