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(영문) 대구지방법원 2019.01.18 2018구단10458
국가유공자및보훈보상대상자 요건비해당결정처분 취소
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s person eligible for veteran’s compensation against the Plaintiff on January 10, 2018.

Reasons

1. Details of the disposition;

A. On July 7, 2008, the Plaintiff joined the Marine Corps and discharged on May 23, 2010, and filed an application for registration with the Defendant on September 21, 2017, on the ground that the Plaintiff was a person who was discharged from active service on the part of the Marine Corps, while performing his/her duty (hereinafter “instant wounds”).

B. On January 10, 2018, the Defendant rendered a disposition against the Plaintiff that rendered distinguished services to the State (hereinafter “each of the instant dispositions”) and that it does not meet the requirements for persons eligible for veteran’s compensation (accidents) on the ground that the instant wounds cannot be recognized to have been caused or aggravated due to the performance of military duties or education and training (hereinafter “each of the instant dispositions”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5, the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. The Plaintiff asserted that the Plaintiff received physical and mental stress in the performance of duties and training courses in the field of the Marine Corps 81m m gambomb, and that the Plaintiff was faced with or was subject to her bucking from the appointment in the event that he/she was undergoing training.

On December 11, 2008, when five months have passed since the Plaintiff entered the hospital, the Plaintiff was receiving medical treatment at the Navy Hospital with a schilling pain. However, the Plaintiff continued to receive a schilling sexual intercourse at the hospital B on October 14, 2009 and was discharged from military service on May 23, 2010, and even until now, was equipped with a auxiliary device to the sckeings due to the instant wounds.

Since it is reasonable to deem that the difference between the Plaintiff and the instant case was caused by the performance of military duties or education and training or aggravated beyond the natural progress, the revocation of the decision corresponding to a person of distinguished service to the State in the first place and the revocation of the decision corresponding to the person of distinguished

B. The medical record of the Plaintiff was first received from the Maritime Port Hospital at the time of the Plaintiff’s first outpatient medical treatment, and on December 11, 2008, “ Address: Address : Embscination, both sides, and the date of outbreak.”

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