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(영문) 서울행정법원 2016.06.13 2015구단59948
국가유공자요건비해당결정취소
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 April 28, 1994, the Plaintiff’s son B (hereinafter “the deceased”) was discharged from military service on March 30, 1995, after receiving a diagnosis of acute leukosis from the Armed Forces Waterworks Hospital on March 24, 1995.

B. Around 2000, the Deceased applied for registration of a person of distinguished service to the State (hereinafter “the instant wound”), and the Defendant’s Merit Reward Judgment Board decided on December 1, 2000 that the deceased does not constitute a person of distinguished service to the State.

On the other hand, the deceased died on September 10, 200 before the above resolution.

C. On April 30, 2015, the Plaintiff filed an application for registration of persons who rendered distinguished services to the State on the ground that the instant injury was caused or aggravated due to the performance of military duties.

On July 6, 2015, the Defendant rendered a decision on the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that there is no medically considerable causal link between the occurrence or aggravation of the instant wounds and the military duties.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that there was no physical problem before entering the hospital, and there was no person with the same illness as the instant wound among the deceased’s family members. The Deceased suffered the instant wounds due to his superior condition faced with a big object during training in the military team and due to his poor work environment, or due to his high exposure to electromagnetic waves, etc., and there is a proximate causal link between the instant wounds and the military duties.

B. Determination 1) Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (including illness in the course of performing duties or education and training referred to in the Military Security Act)

The term "military personnel or police fire-fighting officials" are on duty or education and training.

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