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(영문) 대구지방법원 2014.12.05 2013구단10927
국가유공자요건비해당결정취소
Text

The plaintiff's primary claim is dismissed.

On September 12, 2013, the defendant is not eligible for veteran's compensation against the plaintiff.

Reasons

1. Details of the disposition;

A. On April 25, 2011, the Plaintiff entered the Army and served in B, which was discharged from military service on January 24, 2013.

B. On January 11, 2013, while serving in the military, the Plaintiff was diagnosed as Cronlon’s disease (hereinafter “instant injury”).

C. On May 7, 2013, the Plaintiff asserted that the instant injury and disease was caused by long-term exposure to dust and malodor while taking charge of collecting wastes separately during the military service, and filed an application for registration of persons of distinguished service to the State. However, on September 12, 2013, the Defendant rendered a decision on the relevant person of distinguished service to the State and a person eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that objective materials confirming that the instant injury and disease were caused or aggravated due to the performance of military service were not verified.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 6, Eul No. 1, 3, and 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff entered the fire extinguishing system without any disease. After entering the fire extinguishing system, the Plaintiff’s act of classifying, storing, and transporting recycled wastes and industrial wastes without any special safety equipment and hygiene equipment at the garbage incineration plant was mainly exposed for a long time to dust and malodor, and the instant injury and disease occurred.

Since there exists a causal relationship between the Plaintiff and the Plaintiff’s performance of official duties in the same military, the Plaintiff is recognized as a person of distinguished service to the State. Even if the Plaintiff’s performance of duties does not constitute “duty directly related to the protection and security of the State or the protection of the people’s lives and property” under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State,

Therefore, the defendant's disposition of this case is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. The Plaintiff, one of the facts of recognition, is the fire extinguisher system before entering the bar.

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