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(영문) 부산지방법원 2017.09.06 2016구단555
국가유공자요건비해당처분취소
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 June 9, 2006, the Plaintiff was discharged from military service on October 31, 201, while serving as a noncommissioned officer after serving as a sergeant at the Army.

B. In 2013, the Plaintiff brought an application for registration of a person who has rendered distinguished services to the State and a person eligible for veteran’s compensation on the ground that: “Around January 2008, the Plaintiff was suffering from the injury facing the left-hand knee in the Daejeon Pream during his military service; thereafter, knenee’s anti-monthly part of the left-hand knee part of the Daejeon Pnee in the ordinary military life upon the implementation of an ordinary military life; however, on June 1, 2011, the Plaintiff was diagnosed as the next left-hand knee in the hospital as the next left-hand kne-hand knee in the training, and received treatment, such as the implementation of an anti-monthly transplant on the left-hand knee’s left-hand side at the hospital (hereinafter “instant wound”).”

C. On October 17, 2013, the Defendant rendered a disposition corresponding to the requirements for persons eligible for veteran’s compensation under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act”) on the Support for Persons Eligible for Veteran’s Compensation, on the ground that there is no proximate causal relation between the instant wounds and the performance of official duties.

Accordingly, the Plaintiff filed a lawsuit seeking the revocation of the above disposition as Busan District Court 2013Guhap21541. On January 8, 2015, the Busan District Court rendered a judgment dismissing the remainder of claims after cancelling the Defendant’s disposition that was rendered on October 17, 2013 as well as the disposition that was not equivalent to the requirements for persons eligible for veteran’s compensation. Accordingly, the Plaintiff was recognized as a person eligible for veteran’s compensation.

E. On September 11, 2015, the Plaintiff asserted that the Defendant constitutes a person of distinguished service to the State under the Act on Persons of Distinguished Service to the State, and applied for registration. However, on February 22, 2016, the Defendant is directly related to the national defense and security or the protection of the people’s lives and property.

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