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(영문) 대전지방법원 2018.04.19 2015구단351
국가유공자및보훈보상대상자요건비해당결정취소
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 January 26, 2001, the Plaintiff entered the military as a lower officer candidate, but was discharged from military service on April 30, 2002.

B. On April 24, 2014, the Plaintiff filed an application for re-registration of a person who has rendered distinguished services to the State or a person eligible for veteran’s compensation with different application for mental illness (hereinafter “instant wounds”) by asserting that the person was suffering from mental illness by having his/her hair and body from his/her superior chief and his/her superior in the military service, and from his/her superior to his/her superior and his/her superior in the field of the administration distribution center, and caused mental illness.

C. On December 19, 2014, the Defendant rendered a decision on the non-conformity of the requirements for persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that it is difficult to acknowledge a proximate causal relationship between the occurrence or aggravation of the instant wounds and the performance of official duties of the military through a deliberation of

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s main point of argument was to deal with advisory officers from superior officers and appointed soldiers while serving in the military, and the instant disposition that did not recognize a proximate causal relationship between the occurrence or aggravation of the instant wounds and the performance of military duties is unlawful, even though the instant wounds were caused or aggravated due to their loss and aggravation from a superior officer and a superior officer in the direct and superior position at the time, and from a superior officer and a superior officer in the administrative diffusion officer’s duty.

B. "A soldier or police officer wounded or wounded in the course of performing his/her duty or education and training (including illness)" under Article 4 (1) 4 and 6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State means that a soldier or police officer wounded or ill in the course of performing his/her duty or education and training. Therefore, in order to become different from the above provision, there is a proximate causal relation between the education and training or the performance of duty and the injury or disease thereof.

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