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(영문) 서울행정법원 2016.11.28 2016구단24376
국가유공자등록거부처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff entered the Army on February 5, 1970 and discharged the Plaintiff from military service on December 28, 1972.

On July 28, 2015, the Plaintiff suffered violence from an appointed soldier on August 9, 1970, who served as a PX disease in the Gun, and applied for registration of a person of distinguished service to the State (hereinafter referred to as “application different”) on the ground that he/she suffered from violence against the Defendant due to a boomed brue of the brue.

On October 29, 2015, the Defendant rendered a decision corresponding to the requirements for a person of distinguished service to the State on the ground that it is not recognized that the Plaintiff was injured in the course of performing duties or education and training directly related to national defense security, etc. (hereinafter “instant disposition”), and determined that the Plaintiff constitutes the requirements for a person eligible for veteran’s compensation by recognizing “the brain ties and the first balance of the left-hand balance.”

[Reasons for Recognition] Unsatisfy, Gap evidence 9, 10, Eul evidence 3, 4 (including provisional number), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff worked as PX disease and went to the warehouse on the day of the instant case on around 20:30 on the ground that the Plaintiff: (a) had been on the 20:30 on the day of the instant case, and the Plaintiff entered the warehouse from the above B, etc., “the brain (or the back part of the left-hand head) and the 1st balance of the left-hand balance”; (b) thus, it constitutes a person of distinguished service to the State under Article 3 [Attachment 1] 2-1 of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State.

The instant disposition taken on a different premise is unlawful.

B. Unlike the former Act on Persons of Distinguished Services to the State (amended by Act No. 11041, Sep. 15, 201), Article 4(1)6 of the current Act on Persons of Distinguished Services to the State is “military personnel or police fire-fighting officials, who were discharged from military service or retired from military service by suffering from wounds in the performance of duties or education and training directly related to national security or the protection of people’s lives and property (including diseases), and the degree of their disability

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