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(영문) 부산지방법원 2016.07.20 2015구단1919
국가유공자등록거부처분취소
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. On July 22, 2013, the Plaintiff entered the Army and was discharged from military service on November 5, 2014.

B. The Plaintiff asserted that he was diagnosed as “the escape certificate of a summary signboard, or the face-to-hand cover of a tunnel,” due to the occurrence of pains and scams while entering the public school after entering the school, and received education and training during the next half of the class, and applied for registration of a person who has rendered distinguished services to the State and a person eligible for veteran’s compensation to the Defendant.

C. On May 14, 2015, the Defendant rendered a decision to the Plaintiff on May 14, 2015, on the grounds that there is no proximate causal relation between the occurrence or aggravation of the instant wounds and the performance of official duties of the military (hereinafter “instant disposition”). D. The Defendant rendered a decision on the eligibility of a person who rendered distinguished services to the State and

On June 19, 2015, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was ruled dismissed on September 15, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff suffered from disease such as Huuri and gale before entering the hospital, and there was no disease.

The difference in the instant case was revealed only while the Plaintiff was receiving education and training for the post-affiliated schools, and recognized this fact even when it was certified as an official duty.

Therefore, there is a proximate causal relationship between the occurrence or aggravation of the instant wounds and the Plaintiff’s performance of official duties, and the Defendant’s disposition on a different premise is unlawful.

B. Determination 1) Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Act No. 13425, Jul. 24, 2015) and Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation (amended by Act No. 13425, Jul. 24, 2015) include diseases in the course of performing duties or education and training.

“A soldier, etc.” means a soldier, etc.

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