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(영문) 대구지방법원 2014.08.29 2014구단156
국가유공자등록거부처분 취소
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 13, 1992, the Plaintiff was hospitalized in the Armed Forces Assistant Hospital on October 16, 1992, when receiving the post-satiscing education as a firearms repair soldier, and was diagnosed by the catulation escape certificate No. 4-5 in the same hospital (hereinafter “the instant injury”). The Plaintiff was discharged from military service on February 10, 1993, after being diagnosed by the catulation escape certificate No. 4-5 (hereinafter “the instant injury”).

B. On March 12, 2013, the Plaintiff: (a) filed an application for registration of a person who has rendered distinguished services to the Defendant on the ground that the injury and disease in the instant case becomes worse due to the brushness of training by entering the Gun; (b) however, on October 23, 2013, the Defendant rendered a decision-making disposition on 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 there is no causal link between the duties of the fluent branch of the instant case and the military;

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 5, Eul No. 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff had already been suffering from the injury of this case since he had already been admitted to the plaintiff, and had all of the first physical examination on January 6, 1992 and the second physical examination on April 25, 1992. On July 13, 1992, the plaintiff was judged as Grade 7 and was unfairly admitted to the second physical examination on July 13, 1992.

Afterwards, while falling the external tree in the course of genetic training, the injury was sustained, and the injury was continued, and the injury of this case, which had already been on the critical base due to continuous training and post-training, had been rapidly aggravated due to the natural progress and became discharged from active service after the surgery.

Therefore, since the causal relationship between the aggravation of the injury and the performance of military duties is recognized, the instant disposition 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 and Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation (Article 2(1)2) of the Act on Support for Persons Eligible for Veteran’

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