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(영문) 부산지방법원 2015.05.27 2015구단20453
국가유공자유족비해당결정취소
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 August 31, 1950, the Plaintiff was on January 1, 1955 while serving as a radio communication soldier at the Army.

B. On October 28, 2014, the Plaintiff filed an application for registration of persons of distinguished service to the State pursuant to the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, alleging that “Ilshes and pains in the 1953 in which I provided military service were unable to walk.” However, at a military hospital, the Plaintiff did not receive accurate diagnosis and treatment, and subsequently cut off their sub-branchs (hereinafter “the instant wound”). However, upon deliberation and resolution by the Board of Patriots and Veterans Entitlement, the Plaintiff rendered the instant disposition that the Plaintiff decided on October 28, 2014 on the ground that “No evidence was found that the instant wound occurred in connection with military

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-2, Eul evidence Nos. 5 and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the instant accident occurred as a result of the Plaintiff’s failure to properly undergo medical treatment due to the Plaintiff’s failure to conduct accurate diagnosis in a military hospital even though she was in military service and was unable to walk due to the occurrence of a shesheshel and pain in around 1953, and thus, the instant disposition that deemed that it is irrelevant to military service is unlawful.

B. “A soldier who was injured or injured in the course of performing his/her duties or during education and training” under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State and Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation means that a soldier, etc. was injured or ill in the course of performing his/her duties or during education and training. In order to be injured by the aforementioned provision, there is a proximate causal relation between the performance of duties or education and the injury or disease thereof, and

l.p. g., p.

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