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(영문) 인천지방법원 2020.06.19 2018구단50373
국가유공자등록거부처분 등 취소 청구의 소
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 1, 1974, the Plaintiff entered the Army Staffhouse with the maturity of March 22, 1977.

B. On December 28, 1974, the Plaintiff was killed in the 101 Supplementary Zone of 101, and was hospitalized in the 57 follow-up hospital as of December 28, 1974, and was hospitalized in an operation and treatment of the Plaintiff, as of December 28, 1974, due to the injury, such as a collision between a train and bus at a scar in a scarcity crossing (hereinafter “instant accident”), a back-to-face-to-face transfusion, a reflad-faced-to-face, a reflad-face, and a brud-to-date (7th).

C. On September 29, 2017, the Plaintiff asserted that the Defendant had suffered not only physical pain but also mental bullying due to the instant accident, and applied for registration of persons of distinguished services to the State by applying for “post stress disorder, conical stress escape certificate, head, head, libranes, balnese, hump, left-hand hump, and hump on the left-hand side”.

Accordingly, on January 3, 2018, the Defendant rendered a disposition of refusal to recognize part of the injury on the ground that it does not meet the requirements for persons who have rendered distinguished services to the State or persons eligible for veteran’s compensation, as to “the extra stress disorder, congratory signboard escape certificate, head, hair, the left-hand side-hand side of the case” (hereinafter “the injury in this case”) and “the injury in this case” under Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1, Eul’s evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion of this case constitutes a military person, police officer, etc., and thus, the instant disposition otherwise determined should be revoked as unlawful.

B. There is a proximate causal link between performance of duties or education and training, and the injury and disease thereof, to recognize a person eligible for veteran’s compensation who is eligible for a single person’s compensation as “accidentd in a disaster” as prescribed by Article 2(1)2 of the Act.

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