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(영문) 부산고등법원 2014.10.01 2013누3139
국가유공자등 요건 비해당처분취소
Text

1. The judgment of the court of first instance is modified as follows.

The defendant was eligible for veteran's compensation to the plaintiff on December 10, 2012.

Reasons

1. Details of the disposition;

A. On February 23, 1994, the Plaintiff entered the Navy and was assigned to the Second Class B of the Navy, and was discharged from military service on July 12, 1995.

B. On July 4, 2001, the Plaintiff filed an application for registration with the Defendant for registration of a person who rendered distinguished services to the State on the ground that the appointment of the soldiers in military service caused a bipolartic dynamic disorder (hereinafter “instant wounds”) due to their old and stress. However, the Plaintiff was subject to the disposition of refusal on January 10, 202.

C. On July 2, 2012, the Plaintiff applied for re-registration to the Defendant on the ground that on December 10, 2012, the Defendant rendered a decision that the Plaintiff did not meet the requirements for soldier and policeman on duty under Article 4(1) of the Act on Persons of Distinguished Service to the State and the requirements for soldier and policeman on duty under Article 2(1) of the Patriots and Veterans Compensation Act on the ground that it is difficult to recognize the difference in the instant case as a wound while performing official duty (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff was suffering from the appointment soldiers on the ground that he was killed in the Marine Corps after entering the Marine Corps, and that he was unable to get off the vehicle even though he was transported, and accordingly, the injury in this case was caused or aggravated beyond the natural progress, so proximate causal relation is acknowledged between the injury in this case and the military performance of official duties.

Therefore, the instant disposition under a different premise should be revoked as it is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Facts 1) The details of the instant wounds and the progress of the Plaintiff’s treatment are positive in each of the Plaintiff’s middle and high school life records, which include the characteristics of the records of life of the Plaintiff’s middle and high school.

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