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(영문) 대구지방법원 2014.10.08 2013구단1008
국가유공자비대상결정취소
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 May 30, 1973, the Plaintiff entered the Army and served as North Korean staff at the military information headquarters unit under the Defense Information Headquarters, and was discharged from military service on April 13, 1976.

B. On April 25, 2012, the Plaintiff filed an application for registration with the Defendant, alleging that “A person who has rendered distinguished services to the State was injured by night training in the middle of August 1975, 1975 while serving in the military,” and that “A person who has rendered distinguished services to the State was injured in the well-fluor, kne, knee, and left-hand

C. On February 28, 2013, the Defendant rendered a decision on the eligibility of a person who rendered distinguished services to the State (hereinafter “instant disposition”) on the ground that the Plaintiff was not deemed to have been injured due to the performance of military duties by the Plaintiff.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 19 evidence, Eul's 1 through 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff, as a staff member of the Korea Armed Forces Information Headquarters, caused the death and injury of sand bags during the night to perform special duties, and caused the injury of knee in the face of the instant disposition that did not recognize the causal link between the above wounds and the military performance of official duties, is unlawful. The Plaintiff’s assertion was erroneous in the instant disposition that did not recognize the causal link between the two wounds and the military performance of official duties, even though she suffered from the difference of the revolving grhosis, the grhee, the face-to-face collision, the face-to-face collision, the face-to-face-to-face grhee, and the knee in the

B. In order to constitute “an injury during education and training or performance of duty (including illness in the line of duty)” under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, there should be a proximate causal relationship between education and training, performance of duty, injury, or disease. The existence of a proximate causal relationship should be proved by the assertion of such proximate causal relationship, and education and training or all the circumstances should be proved clearly.

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