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(영문) 의정부지방법원 2017.11.29 2015구단835
국가유공자 등록거부처분 취소
Text

1. On August 5, 2014, the Defendant’s disposition of non-conformity of the requirements for persons eligible for veteran’s compensation against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On September 27, 2012, while serving in the Army on March 2, 2011, the Plaintiff received medical treatment for the pain of the right trees from the Armed Forces Hospital on September 27, 2012, and undergone an operation on the right satisfaction on October 18, 2012, and was discharged on December 6, 2012.

B. On January 13, 2014, the Plaintiff sustained injury on the right edge while running a propelling training course on September 21, 2012 during the shock training period to the Defendant.

(hereinafter referred to as “the instant wounds”) made an application for registration of persons who have rendered distinguished services to the State for reasons.

C. Accordingly, on August 5, 2014, the Defendant rendered a disposition to the Plaintiff on the ground that “the instant wound suffered by the Plaintiff is a fluoral wave, which is minor as the first phase of the sponed salt base, and that it is reasonable to recognize the Plaintiff as being accompanied by the sponine, sponine or the sponine sponine, and that it is difficult to recognize the difference in the Plaintiff’s duty or education and training directly related to the national defense security, etc., and that it is difficult to recognize the occurrence or aggravation of occupational duties or education and training that are not directly related to national defense security, etc., or that there is a proximate causal relation with public duties,” on the ground that the Plaintiff rendered a disposition that the Plaintiff does not meet the requirements for persons of distinguished service to the State and persons of veteran’s compensation (hereinafter “instant disposition”).

The Plaintiff appealed and filed an administrative appeal on November 5, 2014, but the Central Administrative Appeals Commission dismissed the said claim on February 24, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 2, 10 evidence, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On September 21, 2012, the Plaintiff asserted that he/she was injured on the right-hand edge while he/she gets a propeller during a shock training.

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