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(영문) 전주지방법원 2012.05.08 2010구합2040
국가유공자등록거부처분취소
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 June 28, 2007, the Plaintiff entered the Army, and was on duty as a driver on September 10, 2007, after being transferred to the B unit of the Army Operation Headquarters Section 1 of the Army Operation Headquarters, and served as a driver on September 10, 2007. On January 23, 2008, the Plaintiff fell on the rooftop of the said main office of the said large-scale, and was killed in the alleys of the alleys, the alleys of the alleys, and the left-hand slots or above (hereinafter “the instant wounds”) and was treated by the National Army Waterworks Hospital on June 1, 2009.

(hereinafter referred to as “instant accident”) b. the said fall accident.

On June 4, 2009, the Plaintiff asserted that he suffered from the instant wound while serving in the military, and applied for the registration of a person of distinguished service to the State. However, the Defendant rendered a disposition rejecting the registration of a person of distinguished service to the State on August 31, 2009 on the ground that the instant wound was due to self-injury under the Act on the Honorable Treatment and Support of Persons,

(hereinafter “instant disposition”). C.

On November 9, 2009, the plaintiff filed an administrative appeal with the Prime Minister under the Prime Minister, but the appeal was dismissed on April 20, 2010.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 2-1 through 3, Eul evidence 1 and 2, and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. In light of the Plaintiff’s assertion of self-injury in light of the Plaintiff’s level of ordinary work and family situation, the Defendant’s disposition that assumes that the instant accident is self-injury by the Plaintiff is unlawful.

(b) Article 4 (1) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (including persons who are provided for in any other Act to receive honorable treatment provided for in this Act) that falls under any of the following subparagraphs shall be given honorable treatment under this Act:

6. Soldiers or police officers wounded on duty: Soldiers, police officers, and fire officers wounded in the course of performing their duties;

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