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(영문) 의정부지방법원 2017.01.11 2016구단5240
국가유공자요건비해당결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On March 17, 2011, the Plaintiff went into the Army and was on duty at the 707 Pacific special mission unit and was discharged from the post on June 30, 2015, and was discharged from the post on July 1, 2015. The Plaintiff filed an application for registration of a person of distinguished service to the State (hereinafter “the instant application for registration”) with the purport that the Plaintiff performed an operation under the diagnosis of the left-hand shoulder vision in the instant accident (hereinafter “the instant accident”) under the diagnosis of the left-hand shoulder vis-down vis-vis, and that the Plaintiff was discharged from the post on June 30, 2015 as a person who was discharged from the post on June 12, 2015, in comparison with the physical force test scheduled to be conducted on October 12, 2011.

B. On April 20, 2016, the Defendant rendered the instant disposition against the Plaintiff on April 20, 2016, as follows: “The instant case’s disposition was rendered based on self-regulatory physical training during time before and after the instant injury, which constitutes the requirements for persons eligible for veteran’s compensation under the Act on Support for Persons Eligible for Veteran’s Compensation, but does not meet the requirements for persons who rendered distinguished service to the State under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished

2) Each entry (including each number; hereinafter the same shall apply) in Gap's Evidence 1, 2, and Eul's Evidence 1 to 5

- The purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the instant accident occurred during physical strength training conducted under the command and control of B, a commander, in preparation for the examination of physical strength required by the 707 Counterterrorism Special mission Team, and thus, the instant accident occurred due to an accident that occurred during the performance of duties or education and training directly related to national security, etc., and thus, the instant accident constitutes a person of distinguished service to the State (a person of distinguished service to the State).

B. (1) Determination is made by the former person of distinguished service.

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