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(영문) 청주지방법원 2015.02.12 2013구합1688
공상군경 및 재해부상군경 요건비해당결정처분취소
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. The plaintiff entered the Army on October 28, 1980 and was discharged from military service on June 23, 1983.

B. On February 13, 2013, the Plaintiff: (a) was the Defendant on February 13, 2013; (b) on the part of the Defendant, due to his performance of his duties or education and training, who opened from the inner galle of the eye of the both sides due to a change in the dallelicity of the anti-conium; and (c) was in a three-dimensional shape, wherein the fiber body with abundant blood relatives went beyond the boundary of the galle

(hereinafter “instant injury and disease”). However, on August 6, 2013, the Defendant rendered a decision on an application for registration of a person of distinguished service to the State on the ground that there was no proximate causal relation between the Plaintiff and the instant injury and the performance of military service or education and training during the instant injury and thus, it was determined that the soldier and police officer was killed

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence 1, Eul evidence 1 and 5 (including numbers, hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful on the ground that the Defendant’s proximate causal relation is not acknowledged even if the causal relation is acknowledged between the Plaintiff’s performance of duties or education and training during the instant work branch and the Plaintiff’s military service, because the Plaintiff was excessively exposed to the outdoor training, etc. during his military service, and the instant wound occurred due to the frequent outdoor training, etc., and the military hospital received medical treatment and did not properly treat.

(b) as shown in the attached Form of the relevant statutes;

C. Determination 1) Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (including illness in the course of performing duties or education and training referred to in the Military Security Act)

The term "military personnel or police officers" means those who are injured or ill during education and training or in the performance of their duties.

Therefore, the above.

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