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(영문) 서울행정법원 2016.07.28 2016구단13659
국가유공자추가상이처인정거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff was employed in 965 unit 909 units, and served from September 21, 1973 to July 27, 1976.

On February 7, 2003, the Plaintiff sustained injuries, such as lusium, right pelle, and wood, due to an accident falling down in the mountain-gu mountain at night (hereinafter “instant accident”), around November 1975, and filed an application for registration of persons of distinguished service to the State.

Around December 2003, the defendant decided that the plaintiff constitutes the requirements for persons of distinguished service to the State by recognizing "protruding escape certificates (C5-6, L3-4) and the right pelvis". The plaintiff was determined as class 7 of the disability rating and registered as a person of distinguished service to the State.

On February 9, 2015, the Plaintiff was injured by the instant accident to the Defendant. On February 9, 2015, the Plaintiff applied for recognition as additional wife with respect to “Yeeeeng, knenee, and mental disorders (e.g., e., e., e., depression) of both sides.”

On July 8, 2015, the Defendant rendered a decision on the non-conformity of the requirements for persons who rendered distinguished services to the State and persons eligible for veteran's compensation (additional award) on the ground that it is difficult to recognize a proximate causal relation with the above additional wife and military duty performance

(hereinafter) Of the above additional circumstances, both sides, knenee parts of both sides, and knenee parts of the said decision, are “the instant disposition” (hereinafter “instant disposition”). 【The grounds for recognition”), the fact that there is no dispute, Gap Nos. 1, 2, Eul Nos. 1 through 3 (including household numbers), the purport of the entire pleadings.

2. Whether the disposition is lawful;

A. The instant disposition was unlawful since the instant additional prize occurred due to the instant accident alleged by the Plaintiff.

B. Determination 1) To be recognized as “an injury during education and training or 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, there should be a proximate causal relationship between the education and training or performance of duty and the injury or disease to which they were injured, and the causal relationship should be attested by the party asserting it (see Supreme Court Decision 26 November 26, 201

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