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(영문) 대구지방법원 2015.02.06 2014구단1302
국가유공자및보훈보상대상자등록거부처분취소
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 July 22, 1958, the Plaintiff entered the Army and discharged the Plaintiff from military service on May 4, 1961.

B. On March 25, 2013, the Plaintiff filed an application for registration with the Defendant for registration of a person of distinguished service to the State on the ground that, during the invasion training on the ground that the climatic fever and Cheongneological disorder were damaged due to explosion, during the explosion, the Plaintiff filed an application for registration with the State on August 20, 1958.

C. Accordingly, on October 14, 2013, the Defendant rendered a decision on a person who rendered distinguished services to the State or a person eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that the instant wound against the Plaintiff was not recognized to have been caused or aggravated due to the performance of military duties or education and training (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, entry in Gap's evidence Nos. 1, 4, 5, 6, 11, and 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff entered the military in a state where there was no particular disease related to the Cheong-si. On the day of entering the military, there was a astronomical attack against the personnel for the order keeping on the day of entering the military, and the outbreak of heavy infection caused by micro-organism infection. However, around August 20, 1958, when training was received, it was caused by the outbreak of heavy infection from micro-organism infection. Thus, it was caused by the damage of lugal disorder caused by explosion noise during the course of the invasion shooting.

Therefore, there is a proximate causal relation between the instant wounds and the Gun, so the instant disposition is unlawful.

B. Determination 1) Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (including diseases in official duties while on duty education and training or performing duties)

Since the term "military personnel or police officers" refers to the injury or disease of military personnel or police officers during education and training or in the performance of their duties, there should be a proximate causal relationship between education and training or in the performance of their duties and the injury or disease thereof, and the causal relationship between the injury and the injury shall be claimed.

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