logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.12.08 2016구단23588
국가유공자비해당및보훈보상대상자요건비해당처분취소
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

Facts of recognition

The plaintiff entered the Army on October 18, 1994 and was discharged from military service on June 12, 1995.

On August 7, 2003, the Plaintiff asserted that the escape from the post signboards (hereinafter referred to as “instant injury and disease”) occurred while undergoing military training, and received non-approval disposition from the Defendant on February 6, 2004, although the Plaintiff filed an application for registration of a person who rendered distinguished services to the State.

On August 24, 2015, the Plaintiff again filed an application for the registration of a person who rendered distinguished services to the State and a person eligible for veteran’s compensation with the Defendant. On January 4, 2016, the Defendant rendered a non-approval of the Plaintiff’s application (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the Plaintiff’s performance of duties or education and training and the outbreak or aggravation of the injury and disease

【Ground of recognition” did not have any dispute, Gap evidence Nos. 1 through 12 (including family numbers), Eul evidence Nos. 1 through 6, and the purport of the entire argument as to whether the disposition of this case is legitimate or not, the plaintiff asserted that the disposition of this case was legitimate, in a physical examination for admission to the military unit, but the plaintiff did not produce any symptoms at any time, but was treated as a result of the occurrence of the instant injury while receiving education for the Speaker within the military unit on December 3, 1994, and was treated as a result of the instant injury, and eventually, he did not completely recover from the military unit.

Therefore, even if there is a proximate causal relation between the Plaintiff’s performance of duty and the injury and disease of this case, the Defendant’s disposition that did not recognize the Plaintiff as a soldier or policeman on duty or police officer

Judgment

In order to constitute "an injury during education, training, or performance of duties" as provided for in the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State and the Act on Support for Persons Eligible for Veteran's Compensation, there should be a proximate causal relationship between education, training, injury, or disease, and the plaintiff

We see this case.

arrow