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(영문) 수원지방법원 2015.03.27 2014구단3758
국가유공자등록거부처분 취소
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 February 26, 1986, the Plaintiff entered the Army and was discharged from office on September 8, 1988.

B. On June 21, 2013, the Plaintiff filed an application for registration with the Defendant of distinguished service to the State on the ground that there was no proximate causal relation between the Plaintiff’s performance of duties or education and training on December 20, 2013, on the ground that there was no proximate causal relation between the Plaintiff’s performance of duties or education and training on December 20, 2013 and the instant difference, on the grounds that: (a) the Plaintiff was a soldier or policeman wounded on duty and the soldier or policeman’s police officer’s non-requirements for non-requirements of military force; and (b) the Plaintiff received notification to the Plaintiff on the ground that there was no proximate causal relation between the Plaintiff’s performance of duties or training on December 20, 2013 and the instant difference.

(hereinafter referred to as the Disposition in this case).

Accordingly, the Plaintiff dissatisfied with the instant disposition and filed an application for adjudication with the Central Administrative Appeals Commission on March 24, 2014, but was dismissed on October 7, 2014.

[Grounds for recognition] The descriptions of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was unlawful since the instant wounds occurred during military service due to training during military service, etc., which has been suffering until now, and thus, the instant disposition that did not recognize it as a person of distinguished service to the State 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 other Acts to obtain honorable treatment, etc. provided for in this Act) who fall under any of the following subparagraphs shall be entitled to honorable treatment under this Act:

6. Soldiers or police officers wounded on duty: Soldiers, police officers, and fire fighting officers discharged from military service or retired from military service by suffering from wounds in the performance of duties or education and training (including diseases) directly related to national defense and security, or the protection of people's lives and property, the degree of their disability;

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