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(영문) 대구고등법원 2015.12.18 2014누6594
국가유공자등록거부처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On February 20, 1990, the Plaintiff entered the Army and was discharged from military service on August 20, 1992 by serving in the first militia, the first militia, and had a maturity of August 20, 1992.

B. On June 29, 2012, the Plaintiff’s accident against the Defendant (hereinafter “instant accident”) on June 29, 2012, 2012, where the Plaintiff participated in the NAT training in the trophal AT training, and the Plaintiff was in a night-time manner with the Gomans in the night-time erosion training, the Plaintiff’s water is hack on the ammunition to drink the powder to drink. The Plaintiff’s accident was explosiond with the inner pressure.

2) On the part of the inner part of the case (hereinafter referred to as “instant wounds”)

(i)an application for registration of persons of distinguished service to the State was made for the reason that they sustained.

C. Accordingly, on November 22, 2012, the Defendant rendered a non-specific decision-making disposition on the requirements for a person of distinguished service to the military (hereinafter “instant disposition”) on the ground that the instant wounds are not recognized as having caused proximate causal relation with the performance of military duties, since there is no objective supporting data, such as a bed log, which makes it possible for the Plaintiff to verify that the Plaintiff sustained an injury during the performance of military duties.

On February 24, 2013, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the ground that it was dissatisfied with the instant disposition, but was dismissed on May 28, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2, 7, and 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On June 1990, the Plaintiff asserted that he belonged to the first militia soldiers belonging to the military service group, and was serving in the military, and provided support to the 1st century AT training at night, and that if he was gymn with the high-ranking soldiers at around 1st of the new wall in the night scambling training at night, water is on the marb in order to drink the instant accident, and thereby suffered the instant difference. Accordingly, the Plaintiff was hospitalized at the military hospital for about three weeks, and thus, there is a proximate causal relation between the instant difference and the military service.

Therefore, the defendant's disposition of this case on a different premise is unlawful.

(b) relevant Acts and subordinate statutes;

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