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(영문) 인천지방법원 2015.06.30 2015구단18
국가유공자 및 보훈보상대상자 등록 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 15, 1969, the Plaintiff was in the Army so-called, and was discharged from the military service on February 29, 198. On March 21, 2014, the Plaintiff suffered from the wounds of the “componative” (hereinafter “instant wounds”). On March 21, 2014, the Plaintiff applied for registration of persons who rendered distinguished services to the State and persons eligible for veteran’s compensation. However, on September 12, 2014, the Defendant rendered a decision that the instant difference does not constitute the requirements for persons who rendered distinguished services to the State or persons eligible for veteran’s compensation on the ground that proximate causal relation is not recognized with military duties or education and training (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap 4, 16, Eul 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. On February 13, 1982, the Plaintiff asserted that he was admitted to the Army Aviation (hereinafter “the instant training”) and caused severe pains accompanied by an instrument flight training (hereinafter “the instant training”) and received treatment, and the Plaintiff was hospitalized in the Armed Forces Daejeon Hospital and was born under the above symptoms even after the discharge.

In light of these circumstances, even if proximate causal relation is recognized between the instant difference and the military service, the Defendant’s disposition of this case is unlawful.

나. 관계 법령 ▣ 국가유공자 등 예우 및 지원에 관한 법률 제4조【적용 대상 국가유공자】 ① 다음 각 호의 어느 하나에 해당하는 국가유공자, 그 유족 또는 가족(다른 법률에서 이 법에 규정된 예우 등을 받도록 규정된 사람을 포함한다)은 이 법에 따른 예우를 받는다.

6. Soldiers or police officers wounded on duty: Soldiers, police officers or fire fighting officers discharged from military service or retired from military service after having been wounded (including diseases) in the course of performing their duties or education and training directly related to national defense and security, or the protection of the lives and property of the people, and the degree of their disability shall be determined a disability rating

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