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(영문) 서울행정법원 2014.06.12 2013구단2931
국가유공자요건비해당결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On March 11, 1991, the Plaintiff entered the combat police and was discharged from the office on October 28, 1993. On May 31, 1992, when the 4nd unit B of the Seoul Special Police Agency, the Plaintiff was diagnosed as “the instant accident” due to an accident at which the left-hand-hand refund is high in the process of the suppression of the demonstration by the representative of the National Council of Students at the 4nd unit of the Seoul Special Police Agency (hereinafter “instant accident”). On June 15, 2012, the Plaintiff claimed that the Defendant would lose the right-hand refund on the left-hand side and applied for the registration of a person of distinguished service to the State.

B. On December 12, 2012, the Defendant: (a) confirmed that the Plaintiff was a highly reconfluence; (b) did not reach or exceed the Homon; and (c) notified the Plaintiff of the determination on the non-applicable condition of a person of distinguished service to the State on the ground that there was no proximate causal relation between the high exchange injury and the military performance on the grounds that there was no relevant medical treatment after being treated as a result of the instant accident

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1 and 2 (including paper numbers; hereinafter the same shall apply), the purport of whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is apparent to have suffered injury, such as high-speed on the left-hand side of the instant accident, and thus, the instant disposition denying causation with the performance of military duties solely on the ground of the absence of the details of treatment at maturity, discharge from military service and subsequent treatment

B. (1) The term “an injury during education and training or in the performance of duty (including illness in the line of duty)” under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State refers to a soldier or police officer’s injury or disease during education and training or in the performance of duty. In order to be injured under the above provision, there is a proximate causal relationship between education and training or in the performance of duty and the injury or disease thereof. The causal relationship between the performance of duty, etc. and the injury, etc. must be attested

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