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(영문) 서울행정법원 2016.08.11 2015구단15726
국가유공자등록거부처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The Plaintiff entered the instant disposition on December 7, 2006 and discharged on May 23, 2007.

On June 8, 2007, the plaintiff applied for registration of a person who has rendered distinguished services to the defendant to the defendant, and was determined to be eligible for the status of a person who has rendered distinguished services to the State [Recognizing the status of a person who has rendered distinguished services to the State: the number of signboards escape and the card of centrality (L4-5)

On January 28, 2015, the Plaintiff filed an application for re-verification of persons who have rendered distinguished services to the State with "protruding escape or compromise" with the Defendant.

On July 6, 2015, the Defendant rendered a decision on the Plaintiff’s “Plag escape (L4-5)” (hereinafter “Plag escape (L4-5”) to the effect that it cannot be deemed that an acute injury was caused by credit, and that the “central rapion (L4-5)” (hereinafter “Plag2”) was not recognized as having a typical relation to official duties due to a sedptive disease, thereby constituting non-conformity with the requirements for persons of distinguished service to the State (paragraphs 1 and 2) and partial non-conformity with the requirements for persons eligible for veteran’s compensation (Article 2).

(hereinafter referred to as “instant disposition”). 【No dispute exists, Gap evidence 3, Eul evidence 1 and 3 (including paper numbers), the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1 and 2 suffered from an acute wound while on duty, and the second instance aggravated from an existing disease due to education and training or performance of duty at least, which led to the aggravation of the existing disease beyond the natural progress. Therefore, the instant disposition is unlawful.

B. Unlike the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 11041, Sept. 15, 201), Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State”) provides that “A soldier or police fire-fighting official, who was discharged from military service or retired from military service due to a wound (including a disease) in the performance of duties or education and training directly related to national security

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