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(영문) 서울행정법원 2016.07.18 2015구단13362
국가유공자요건비해당결정취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The Plaintiff entered the Army on December 22, 1964 and discharged the Plaintiff from military service on May 31, 1966.

On December 29, 2014, the Plaintiff filed an application for registration of a person who has rendered distinguished services to the State to the Defendant as “Ilue Malue Flue Flue and Loss of Earitty (hereinafter collectively referred to as “application wounds”).

On July 16, 2015, the Defendant rendered a decision on the requirements for persons who have rendered distinguished services to the State and the requirements for persons eligible for veteran's compensation on the ground that it is difficult to deem that the injury applied to the Plaintiff was caused by the performance of military duties or education and training, or that it was rapidly aggravated at a

(hereinafter referred to as "disposition in this case"). 【No dispute exists, Gap evidence 2, Eul evidence 1, 8, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff had been forced to brutitis due to a disguised cream, oral medication, etc. on the face at the time of winter training in the military service in 1965, while serving in the military, and lost the lostitive force from the lower court, and thus, the instant disposition was unlawful.

B. Determination 1) To be recognized as “an injury during education and training or in the performance of duty (including illness in the line of duty)” under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, there should be a proximate causal relationship between the education and training or in the performance of duty and the injury or disease, and the causal relationship should be attested by the assertion of such causal relationship (see, e.g., Supreme Court Decision 2015Du3188, Nov. 26, 2015). 2) The evidence of evidence Nos. 1, 3, and 4, 4, 6, 8, 10, 11, 15 (including additional numbers) is insufficient to recognize that the injury applied for was caused by military service or that the existing disease was aggravated beyond the natural progress, and there is no other evidence to prove otherwise.

Rather, according to the results of each request for the examination of medical records for the evidence Nos. 2, 3, and 15 of this Court, the Ansan Hospital of Korea University, and the Seoul Medical Center, it can be suspected that the records of the plaintiff's military service are prone infection.

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