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(영문) 서울고등법원 2017.04.26 2016누66898
국가유공자요건비해당결정취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On April 22, 2006, the Plaintiff was discharged from military service on May 31, 2008, when serving as the Army Officers.

B. Around August 2006, the Plaintiff suffered pains on the left-hand shoulder of the physical fitness in the physical fitness center. On January 11, 2008, the Plaintiff was diagnosed with “Seong-gu Emphe Mana-gun and Mali-gu, and Mali-gu” on February 9, 2008.

(hereinafter, regardless of the name of diagnosis, the difference between the plaintiff's left-hand shoulder (hereinafter referred to as "the difference in this case").

On June 3, 2013, the Plaintiff applied for registration of the instant injury to the Defendant. However, on October 17, 2013, the Defendant rendered a decision on whether the Plaintiff’s instant injury was a person eligible for distinguished service to the State, on the grounds that it is difficult to recognize that the Plaintiff’s injury was in the course of performing duties or education and training directly related to the national defense, security, etc., and that it was difficult to recognize that the injury was incurred in the course of performing duties or education and training not directly related to the national defense, security, etc., or that the causal relation with the performance of official duties was created or aggravated (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 10, Eul evidence Nos. 1 and 6 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion was presumed to have caused the instant wounds by undergoing military training from around February 2006, with no anything anything else on the air shoulder of the military entering the army. Around August 2006, the Plaintiff was presumed to have caused the first outbreak of the wounds. Around March 16, 2007 to December 13, 207, when performing military training in the physical training room, the Plaintiff was performing military training in the Arastan, and the instant wounds aggravated.

Therefore, the difference in this case is mainly caused by the performance of duties or education and training directly related to the protection of the state.

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