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(영문) 서울행정법원 2016.03.16 2015구단14341 (1)
국가유공자심판기각처분취소
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. The Plaintiff’s husband B (hereinafter “the deceased”) entered the Army on March 14, 1952, but died on March 23, 2003 after having been discharged from the hospital as a pulmonary tuberculosis on June 19, 1955.

B. On September 18, 2014, the Plaintiff asserted that “the deceased was discharged from military service after having been killed in action or in the performance of duties corresponding to it during military service, due to the wounds of the Maliban Trade (hereinafter “Maliban Trade”), the Maliban Tuberculosis, the Maliban Tuberculosis, the Maliban Malibro, and the Matrine Tuberculosis,” and applied for registration of a person who has rendered distinguished services to the State pursuant to Articles 4(1)4 and 6(1) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Services to the State”).

The Act on Support for Persons Eligible for Veteran's Compensation(hereinafter referred to as the "Act on Support for Persons Eligible for Veteran's Compensation")

Article 4(2) of the Act on Support for Persons Eligible for Veteran’s Compensation shall be deemed to apply for registration of persons eligible for veteran’s compensation together pursuant to Article 2(1)2 of the Act.

On March 13, 2015, the Defendant notified the Plaintiff on the ground that “(i) the ordinary trade in soften was incurred in combat action or during the performance of duties corresponding to this, and constitutes a wound corresponding to the former requirements as prescribed by the Act on Persons of Distinguished Services to the State.” (ii) The pulmonary Tuberculosis was caused during the performance of duties not directly related to the national defense, security, or the national life and property protection, and constitutes a wound corresponding to the disaster injury requirements as prescribed by the Act on the Support for Persons Eligible for Veteran’s Compensation. (iii) The lower court cannot be recognized that the neck was caused by such wounds during military service, and thus, it shall not be recognized as a wound.”

On May 18, 2015, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission against the rejection disposition partially recognized as the injured party, and received a decision of dismissal on August 18, 2015 (Evidence A 1). In the instant lawsuit, the Plaintiff was above the instant lawsuit.

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