(영문) 인천지방법원 2016.01.12 2015구단728

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(영문) 인천지방법원 2016.01.12 2015구단728

국가유공자등록거부처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 10, 1998, the Plaintiff: (a) was wounded in the Army while serving in the Army; (b) applied for registration to the Defendant on December 4, 2013; (c) however, on April 10, 2014, the Defendant rendered a decision that the instant wound against the Plaintiff constitutes a soldier or policeman on duty under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act”) but was judged to be wounded in the course of performing his ordinary duties, and thus constitutes a soldier or policeman’s duty under the Act on the Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act”), and thus, constitutes a soldier or policeman’s duty under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap 1, Eul 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff asserted that the difference in this case occurred because the plaintiff was caused by the accident that was placed on the ground floor by opening a cover on the top of a cover on the back of the vehicle loaded on the back of the vehicle in order to get off the vehicle after boarding the vehicle, which carries a point of view to the training unit, and arrived at the restaurant. In light of the fact that the plaintiff performed the duty of transporting a point of view, it is reasonable to view that the act related to the distribution and transportation of munitions, such as equipment and materials, is related to the supply and transportation of munitions, which is directly related to national defense and security, or to the protection of people's lives and property.

Therefore, the instant wounds occurred during the performance of duties or education and training, and thus, even though they meet the requirements of soldiers and policemen on duty under the Act on Persons of Distinguished Services to the State, the instant disposition is unlawful.

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

C. Determination 1. Law No. 15, 201

참조조문

-국가유공자 등 예우 및 지원에 관한 법률

-보훈보상대상자 지원에 관한 법률

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