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(영문) 서울행정법원 2016.11.11 2015구단21493
국가유공자요건비해당결정취소등
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 September 5, 1963, the Plaintiff entered the Army and was discharged from office on March 19, 1966.

B. Around September 18, 1965, the Plaintiff was diagnosed in the Coordinate Gando (hereinafter “the instant wound”) at the Ministry of Land, Infrastructure and Transport around September 18, 1965, and was hospitalized in the Water-gun Hospital from September 29, 1965 to November 12, 1965. On October 5, 1965, the Plaintiff was hospitalized in the Water-Gun Hospital.

C. On October 21, 2014, the Plaintiff filed an application for registration of persons who have rendered distinguished services to the State with respect to the instant case, asserting that there was symptoms that even distance, such as half aphids, etc., among the instant forces under shooting training at the training center around 1963, and that the symptoms aggravated, caused the instant wounds.

On November 5, 2015, the Defendant rendered a disposition that the Plaintiff’s wound does not meet all the requirements for persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation on the grounds that it is difficult to recognize that the Plaintiff’s wound was wounded in the course of performing duties or education and training directly related to national security, etc., and that it cannot be recognized that the Plaintiff’s wound was caused by performance of duties or education and training (hereinafter

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 5 and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that even if the plaintiff was subject to shooting training in the training center around 1963, there was symptoms that he was a counter-fphid, such as a half-fphids, and the symptoms have deteriorated, the plaintiff was diagnosed as a net fluor, and then became the visually impaired as the vision has deteriorated.

Since the instant wounds were caused or aggravated due to the performance of military duties and education and training, the Plaintiff should be recognized as a person of distinguished service to the State or a person eligible for veteran’

Nevertheless, the defendant's disposition based on the different premise is illegal.

B. In fact, the Plaintiff received hospitalized treatment at the Water Supply and Army Hospital from September 29, 1965 to November 12, 1965.

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