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(영문) 대전지방법원 2017.10.26 2016구단100807
국가유공자요건비해당결정취소
Text

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

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

Reasons

1. Details of the disposition;

A. The Plaintiff is the spouse of the deceased B (hereinafter “the deceased”).

On September 10, 1952, the Deceased discharged from military service on February 18, 1954 after entering the Korean Army, and died on August 6, 199.

B. On January 5, 2016, the Plaintiff filed an application for registration with the Defendant on January 5, 2016, that stated, “The Deceased was discharged from military service after receiving treatment from the Army Hospital by suffering from serious external wounds on the left arms, etc. while participating in the Korean War, and was killed after having been discharged from military service.”

C. On May 11, 2016, the Defendant rendered a decision on the requirements for persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that there was no objective evidence to prove that the deceased sustained injury or disease in combat action or in the performance of duties corresponding thereto, or that there was no injury or disease in the performance of duties in the military.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of D’s testimony, etc., the deceased’s assertion that he/she had a record exclusively belonging to the Chuncheon area from May 12, 1953 to the 36th Army Hospital, and as such, the deceased’s children, who participated in combat action as the deceased, were killed and wounded, and were killed and wounded during combat action. Thus, the instant disposition should be revoked as 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)

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, so there is a proximate causal relation between education and training or in the performance of their duties and the injury or disease.

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