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(영문) 대구지방법원 2014.08.22 2014구단10023
국가유공자요건비해당결정취소
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 March 6, 2012, the Plaintiff entered the Army, and served as an excursion ship station of the Three Military Forces as an excursion ship station of the Three Military Forces, and was discharged from military service on December 19, 2012.

B. On December 31, 2012, the Plaintiff filed an application for the registration of persons of distinguished service to the State with the name of an applicant for the instant injury to the Defendant, alleging that the Plaintiff had sustained physical and mental stress in the process of carrying out the duties ordered in the relevant unit after entering the hospital (hereinafter “instant injury”).

C. On April 29, 2013, following the deliberation and resolution of the Board of Patriots and Veterans Entitlement, the Defendant rendered a disposition against the Plaintiff on the ground that “the causal relationship between the instant shopping branch and the Plaintiff’s performance of official duties cannot be recognized” (hereinafter “instant disposition”) that does not meet the requirements for persons of distinguished services to the State and the Plaintiff’s performance of official duties.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the instant injury and disease was caused or rapidly aggravated due to extreme stress and avoid, while repeatedly performing duties, repeatedly transporting and installing heavy communications equipment with heavy heavy communications equipment due to the cause of the instant injury and without any genetic novel or symptoms as to the instant injury and disease, and thus, the instant disposition based on a different premise is unlawful even if proximate causal relation is acknowledged between the above injury and the military performance of official duties.

B. The Plaintiff’s main characteristics of the Plaintiff’s performance of duties during the Plaintiff’s one’s military service are an excursion disease with repeated training on transport and installation of communication equipment, such as the installation of a flat-based antenna, and the military service provided that the Plaintiff is subject to excessive occupational stress, unlike other units of military service, in the military service.

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