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(영문) 부산지방법원 2017.05.17 2015구단21623
국가유공자 및 보훈보상대상자 요건비해당?
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On February 4, 2014, while serving in the Army, the Plaintiff was performing an operation under the diagnosis of “the left large marropty tymosis” (hereinafter “the instant injury”) at the Samsung Seoul Hospital on October 23, 2014, and was discharged from military service on December 26, 2014.

B. On March 4, 2015, the Plaintiff filed an application for registration of persons who rendered distinguished services to the State on the ground that: (a) the Plaintiff was posted to the Defendant during the military service to the GOP boundary operations and served for a long time while performing a long-distance surveillance duty; and (b) the injury or disease occurred.

C. On August 31, 2015, the Defendant issued a disposition that, on the ground that the Plaintiff did not constitute a person eligible for veteran’s compensation under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment and Support of Persons of Distinguished Services to the State”) on the grounds that “the person liable for veteran’s compensation under the Act on the Support for Persons of Distinguished Services to the State and the Persons of Distinguished Services to the State (hereinafter “the Act on the Honorable Treatment and Support of Persons of Distinguished Services to the State”) is not verified, such as the mouth or the exit of military education and training, and there is no other causal link with the performance of his/her duties or education and training and

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

2. Whether the disposition is lawful;

가. 원고의 주장 원고는 2014. 3.경 소속부대 샤워실에서 미끄러져 엉덩방아를 찧으면서 엉덩이 통증이 발생하였고, 이로 인하여 불편한 자세로 오랜 시간을 의자에 앉아서 중거리 감시병 업무를 수행하다가 대퇴골두로 향하는 혈류의 흐름이 원활하지 않아 이 사건 상병이 발병하였거나 자연적인 진행속도 이상으로 급격히 악화되었다.

Therefore, the branch of the instant case is divided.

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