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(영문) 인천지방법원 2015.11.10 2014구단10483
국가유공자등록 거부처분 취소청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 1, 2010, the Plaintiff was in service as a staff sergeant at the Army on the part of the Plaintiff and was discharged from military service on the part of the Plaintiff on the part of the Defendant on January 3, 201, on the ground that there is no proximate causal relation with the military duty on July 24, 201, on the ground that there is no reasonable causal relation with the instant difference in official duties, and that there is no requirement for persons who have rendered distinguished services to the State and persons who have rendered distinguished services to the Defendant on the part of the Defendant on the part of the Defendant, who was discharged from military service on the part of the Plaintiff on the part of the Plaintiff.

[The facts that there is no dispute over the basis of recognition, the entries in Gap 2, Eul 1, and 2, and the purport of the whole pleadings.]

2. Whether the disposition is lawful;

A. The plaintiff's assertion was made, although the plaintiff had undergone an operation with the inside of the front of the Taekwondo Representative of Incheon Metropolitan City prior to his admission, the defendant's disposition of this case was unlawful even if there was a proximate causal relation between the injury of this case and the military performance of official duties, in light of the fact that the plaintiff was found to have undergone an operation without any problem in the draft physical examination, which caused symptoms during the military service, and received treatment at the National Armed Forces Water Service Hospital, etc. after the diagnosis of the injury of this case.

나. 관계 법령 ▣ 국가유공자 등 예우 및 지원에 관한 법률 제4조【적용 대상 국가유공자】 ① 다음 각 호의 어느 하나에 해당하는 국가유공자, 그 유족 또는 가족(다른 법률에서 이 법에 규정된 예우 등을 받도록 규정된 사람을 포함한다)은 이 법에 따른 예우를 받는다.

6. Soldiers or police officers wounded on duty: soldiers, police officers, and fire officers who perform their duties directly related to national defense and security or to the protection of people's lives and property;

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