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(영문) 대구지방법원 2017.08.18 2015구단1026
국가유공자등록거부처분취소
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Details of the disposition;

A. On December 4, 2012, while serving in the Army on the Army, the Plaintiff was diagnosed as “Skin species” on February 18, 2013 and received medical treatment, and was discharged from military service on August 12, 2013.

B. On March 25, 2014, the Plaintiff applied for the registration of a person who rendered distinguished services to the State (hereinafter “instant wounds”) to the Defendant by setting the “forest system” differently from the application (hereinafter “instant wounds”).

C. On July 25, 2014, the Defendant issued a notice of non-existence of 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 (i) the instant wound was objectively verified as a direct cause of performance of duties or education and training directly related to the national defense and security, or the protection of the lives and property of the people; and (ii) the external performance of duties or education and training were not objectively verified as being caused or rapidly aggravated beyond the speed of natural progress.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 5 through 7, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff entered the Gun and was placed for self-training after completing normal training at the training center. After that, the Plaintiff met an unreasonable training schedule, such as training for 2-hour-free day including uniforms and campings in the camping, support for the work after 2-hour-working hours, and national guidance training, etc. In order to meet the meal speed of an appointed soldier, the Plaintiff suffered a lack of nutrition, such as receiving a small amount of meals only to meet the meal speed of the officer.

The Plaintiff suffered from the outbreak or aggravation of the injury of this case due to the lack of nutrition due to the accumulated illness and stress in the above-mentioned training schedule.

Therefore, the injury and disease of this case constitutes persons of distinguished service to the State or persons eligible for veteran's compensation.

B. Determination 1) Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Persons of Distinguished Services to

Article 4 (1) 6 shall apply.

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