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(영문) 인천지방법원 2020.05.22 2019구단50707
국가유공자요건비해당결정취소
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff was appointed as a police official on February 14, 1986, and retired on June 30, 2017.

나. 원고는 2018. 2. 5. 피고에게 “원고는 서울경찰청 소속 일명 ‘B’으로 활동하면서 1987. 12. 18. 구로구청 안에 투표함을 이송하려 할 때 데모대들로부터 수없이 날아오는 짱돌에 무릎을 맞아 쓰러지고 발로 밟혀 경찰병원에 후송되었고, 1988. 5. 19. 명동 일대 수많은 데모대들로부터 짱돌로 공격당하면서 쓰러져 다리에 심한 통증으로 경찰병원으로 후송되었다.”는 내용을 상이 발생경위로, ’좌측슬관절 퇴행성 관절염, 좌측슬관절 외측반달 연골파열'(이하 ‘이 사건 상이’라 한다)을 신청상이로 하여 국가유공자 및 보훈보상대상자 등록신청을 하였다.

C. Accordingly, the Defendant, on October 4, 2018, did not recognize that the instant case was directly related to the national defense, security, etc., and did not recognize that the injury occurred during the course of performing duties or education and training not directly related to the national defense, security, etc., and that there was no proximate causal relation with the injury incurred during the course of performing duties or education and training and that caused the occurrence or aggravation of the causal relation with the performance of duties, and determined that the Plaintiff constitutes “requirements for persons who rendered distinguished

hereinafter referred to as "each disposition of this case"

(D) The Plaintiff appealed and filed an administrative appeal on November 19, 2018. On March 19, 2019, the Plaintiff received a decision of dismissal from the Central Administrative Appeals Commission (the Central Administrative Appeals Commission) on the ground that the Plaintiff was dismissed. [The Plaintiff’s entries in the evidence No. 1, No. 2, No. 1, No. 2, No. 3, and No. 5, as well as the purport of the entire pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was healthy before being appointed to the police, and the injury was inflicted on the left-hand chain while performing police duties, thereby resulting in the instant injury.

Therefore, the difference between the performance of duties and the instant case.

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