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(영문) 대구지방법원 2015.09.18 2014구단11040
국가유공자비해당처분취소
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 May 6, 1969, the Plaintiff entered the Army and was discharged from military service on April 8, 1972.

B. On December 5, 2013, the Plaintiff asserted that he/she sustained injuries in spine and head by suffering from a motor vehicle transition incident during the course of his/her military service (hereinafter “instant accident”), while serving in the military, and filed an application for registration with the Defendant on December 5, 2013.

C. On July 2, 2014, the Defendant rendered a disposition to determine whether a person was ineligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that “it is difficult to recognize that the above application was related to official duties” against the Plaintiff.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, Eul evidence 3, Eul evidence 5-1, Eul evidence 7, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that he/she received medical treatment at a military hospital by treating telegraphs, such as “a wood, saves, legs, arms, saves, saves, etc.” due to the instant accident in which a truck fells below the wall while conducting operations while serving in the military and returning to the military unit, and at present, there remains the difference in “baves, baves, and 5 Baves” due to legacy (hereinafter “instant difference”).

Therefore, the Defendant’s disposition that did not recognize the relevance of performing official duties of the different military forces of the instant case is unlawful.

(b) Determination 1) Article 4(1)6 of the Act on the Honorable Treatment of and Support for 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 (including diseases arising in the line of duty while providing education and training or in performing duties.

"In order to be applicable, there should be a proximate causal relationship between education and training, performance of duties and injury or disease, and the existence of a proximate causal relationship should be proved by the side of the assertion of such proximate causal relationship, and must be proved clearly in medical and natural science.

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