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(영문) 서울행정법원 2014.12.18 2013구단55652
국가유공자 요건비해당 및 보훈보상대상자 요건비해당 결정 취소
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 July 6, 2004, the Plaintiff was discharged from the military service on August 5, 2006, after serving as the Japanese gun for the First Class B, B, B, B, 35, and B, and was discharged from the military service on August 5, 2006. On December 2, 2005, the Plaintiff was determined as a soldier or policeman on the ground that there was an lusium in the course of a harsh training on December 5, 2005, on the ground that there was an lusium, and the Plaintiff was determined as below the grading standard as a result of the physical examination on May 4, 2007, and filed an administrative litigation after the physical examination for re-verification, on the ground that there was no evidence that the Plaintiff’s symptoms constituted the defined disability rating as to the lusium escape certificate.

B. On November 15, 2012, the Plaintiff filed an application with the Defendant for re-registration of a person who rendered distinguished services to the State for the diagnosis of vertebrates (hereinafter “other invertebrates”). On September 10, 2013, on the grounds that the occurrence of the above wounds did not have proximate causal relation with the performance of the military duty, the Plaintiff received notification of determination on the amount corresponding to the requirements for persons who rendered distinguished services to

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul No. 1, 2, 17, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was diagnosed with the instant wound since she was found to have been blicked through spine in the military in the course of the harsh training on December 2005. Thus, the Plaintiff should be deemed to have caused the above wound or aggravated the natural progress as a result of performing military duties.

B. (1) Determination means that a soldier, etc. is injured or ill in the course of performing his/her duties or education and training (including illness) under Article 4(1)6 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State and Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation means that a soldier, etc. is injured or ill in the course of performing his/her duties or education and training, and that there is a proximate causal link between the performance

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