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(영문) 대구지방법원 2015.03.13 2014구단330
국가유공자요건비해당결정처분취소
Text

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

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

Reasons

1. Details of the disposition;

A. On December 6, 1988, the Plaintiff entered the Army and was discharged from military service on June 7, 1989 by serving at the 30th sergeant.

B. On April 10, 1989, while serving in the military, the Plaintiff was diagnosed as “urine urine” (hereinafter “the instant injury”).

C. On October 30, 2012, the Plaintiff filed an application for registration of a person who has rendered distinguished services to the State by asserting that the instant injury or disease was caused due to stress due to poor military environment and harsh training during military service, but on May 2, 2013, the Defendant rendered a decision on the ground that the instant injury or disease was not recognized to have been caused or deteriorated due to the performance of military service (hereinafter “instant disposition”).

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s primary claim 1) : (a) the Plaintiff was judged as Grade 1 in active duty service in a physical examination for conscription and entered the military in a healthy condition; (b) the injury and disease of this case was caused or rapidly aggravated due to poor military environment, harsh training, and physical and mental stress during military service; (c) therefore, the Plaintiff should be recognized as a person of distinguished service to the State inasmuch as there is causation between the above duties of the Plaintiff and the above duties of the same military branch of this case. (d) Preliminary claim: even if the Plaintiff’s above duties or training does not constitute “the duties directly related to the protection and security of the State or the protection of the people’s lives and property” as prescribed in Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, even if they do not

(b) as shown in the attached Form of the relevant statutes;

C. The plaintiff 1 was recognized from March 1989, around 3 months after the date of entrance in the military.

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