(영문) 대전지방법원 2019.01.31 2017구단100286

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(영문) 대전지방법원 2019.01.31 2017구단100286

국가유공자요건비해당결정취소

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff entered the Army on March 13, 2006 and was discharged from military service on July 1, 2006, and on June 30, 2013.

B. On July 3, 2009, the Plaintiff filed an application for the registration of a person of distinguished service to the State on August 25, 2016, asserting that, among the Gu newsletters around 17:00 on July 3, 2009, the Plaintiff had been influence and surgery against the left-hand vadi, the upper left-hand vadi, and that, on September 2012, the Plaintiff had provided citizens support to the coast of Jeju City in order to recover from damage caused by typhoons, the Plaintiff had performed the diagnosis and operation with Huri L5-S1 with Huri No. 5-S1 due to Huririririri, and applied for the registration of the State on August 25, 2016.

C. The Board of Patriots and Veterans Entitlement determined that the performance of duties or education and training was caused, and that the performance of duties or education and training was rapidly aggravated at a natural progress level and that the performance of duties or education and training was caused, and thus, the person eligible for veteran’s compensation falls under the requirements for veteran’s compensation. However, “the state of post-sign escape certificate L4-5 & L5-S1 (L5-S1 after removing the external disc (L5-S1)” (hereinafter “the second disability of this case”) is different from the past, the aggravation of the existing disease does not fall under the requirements for a person of distinguished service to the State, and considering that the Plaintiff is not a private person who lives in the permanent area controlled 24 hours, the possibility of aggravation of the disease in daily life cannot be excluded, and the Plaintiff does not meet the detailed requirements for soldier’s compensation examination and resolution on the possibility of occurrence or aggravation of the disease as a causal link with the military or education and training, and thus does not meet the objective requirements for soldier’s compensation.

Based on this, on January 19, 2017, the Defendant rendered the Plaintiff a notice of “decision on partial recognition of the requirements for persons eligible for veteran’s compensation” (hereinafter “instant disposition”).

[Ground of Recognition] Facts without dispute, Gap's 1, Eul's 1 and 2 (including paper numbers), and

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