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(영문) 의정부지방법원 2019.01.29 2018구합11352
국가유공자 등록거부처분 등 취소
Text

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

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

Reasons

Details of the disposition

On January 20, 2009, the Plaintiff was discharged from military service on June 9, 2009 while serving in the Army.

On November 16, 2015, the Plaintiff alleged that he/she was suffering from Clon's disease due to unreasonable training during military service, stress arising from work, and environmental conditions, and applied for registration of persons who have rendered distinguished services to the State and persons eligible for veteran's compensation to the Defendant (hereinafter "the instant injury").

On February 18, 2016, the Defendant rendered a disposition rejecting persons who have rendered distinguished services to the State or persons eligible for veteran’s compensation (hereinafter “instant disposition”) against the Plaintiff on the ground that “it is difficult to deem that the instant wounds occurred due to the direct cause of military duties or education and training or that they have rapidly deteriorated at a natural transitional speed.”

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1, 2, and 6; Eul evidence Nos. 1, 2, and 6; and the purport of the entire argument as to the legitimacy of the disposition of this case, the plaintiff alleged by the plaintiff did not have received a diagnosis of the previous clon's disease before entering the court; although the plaintiff was in physical condition sufficient to complete the treatment of the previous chronic resistance heat and antipas, etc., the plaintiff was suffering or aggravated due to training and work in the training and self-training and the unsanitary environment, etc., and physical and mental stress due to training and work. Thus, it should be recognized as a person who has rendered distinguished service to the State or a person eligible for veteran

Therefore, the instant disposition is unlawful.

Article 4 (Persons of Distinguished Service to the State) (1) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, their bereaved family members or families falling under any of the following subparagraphs (including persons provided for in other Acts to receive honorable treatment, etc. under this Act)

6. Soldiers or police officers wounded on duty: Military personnel, police officers, and fire-fighting officers of the State's defense and security, or protection of people's lives and property;

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