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The plaintiff's primary and conjunctive claims are all dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Details of the disposition;
A. On November 3, 1966, the Plaintiff entered the Army and went to the Vietnam War from January 13, 1969 to March 21, 1790, and discharged on April 25, 1970.
B. On July 5, 2019, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State, asserting that he/she was injured by Huuri (hereinafter “instant wounds”) in order to construct a Vietnam War miter at the time of the Vietnam War.
C. On January 14, 2020, 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 on the ground that “the military service did not confirm the details of treatment or the details of treatment immediately after discharge, and it cannot verify the timing of occurrence, circumstances of injury, the cause of the outbreak, etc. and other objective data to support their statements are not confirmed” (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, 3, 6, 7 (including additional numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the instant difference occurred due to the Plaintiff’s performance of military service, since the Vietnam War was doing miter construction in the military forces at the time of the Vietnam War.
Nevertheless, the instant disposition that deemed that the Plaintiff did not meet the requirements for persons who rendered distinguished services to the State or persons eligible for veteran’s compensation
(b) In order to constitute a soldier or policeman wounded in action or on duty under Article 4(1)4 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, or a soldier or policeman wounded in action or on duty under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State,
A soldier, etc. is directly responsible for the protection of national defense and security or the protection of people's lives and property, in order to constitute a soldier, police officer, etc. under Article 2 (1) 2 of the Act on Support for Persons Eligible for Veteran's Compensation.