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(영문) 수원지방법원 2018.04.06 2016구단2698
국가유공자비해당결정처분취소
Text

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

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

Reasons

1. (i) On February 6, 1970, the Plaintiff entered the Army and was discharged from military service on April 12, 1971 to March 28, 1972 after the Vietnam War was discharged from military service on December 28, 1972.

On November 30, 2015, the Plaintiff submitted to the Defendant an application for registration of a person who has rendered distinguished services to the State, stating that “Isri, fly, fly, fly, and fly, fly moved to a safe place by helicopters, at the time of the Vietnam War, for more than 15 days after completing the operation and moving to a safe place by helicopters, and, in the course of returning a military vehicle to a military unit, the vehicle was dissated on the non-packaged road and the vehicle was cut off, and the accident was that the Plaintiff fell into the ground, and the Plaintiff fell into the ground, and the sat and fly fell into the ground, and the sat and fly fell into the ground.”

On March 23, 2016, the Defendant issued the “each of the instant dispositions” to the Plaintiff on the ground that “the applicant’s disease cannot be found to have a proximate causal relation with the performance of military duties.”

【Facts without dispute over the ground for recognition, Gap evidence 1, Eul evidence 1 through 4, the purport of the whole pleadings

2. The term “the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State” referred to in Article 4(1)6 (including a disease caused by an injury or disease during the performance of duties or education and training. Thus, in order to be different from the above provision, there is a proximate causal relation between performance of duties or education and training, and the injury or disease should be proved by the party asserting the causal relation between the performance of duties and the injury. However, the causal relation does not necessarily have to be proved clearly by medical or natural science, and in consideration of all the circumstances, education and training or performance of duties and its injury or disease.

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