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(영문) 대구지방법원 2014.08.08 2013구단1145
국가유공자등록거부처분취소
Text

1. The Defendant’s decision that rendered against the Plaintiff on May 29, 2012 constituted a non-conformity of the requirements for a person of distinguished service to the State shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On August 15, 1980, the Plaintiff entered the Army, and was appointed as noncommissioned officers on February 21, 1981, and was discharged from military service on February 28, 1986.

B. On January 10, 2012, the Plaintiff: (a) filed an application for registration with the Defendant to grant distinguished services to the State on the grounds that the instant injury or disease occurred due to the military explosives disposal work, a breadth training, underwater training, etc. (hereinafter “instant injury or disease”); (b) on May 29, 2012, the Defendant issued a non-specific decision-making disposition on the ground that there was no objective evidence to prove that the instant injury or disease occurred due to the military performance of official duties against the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] The fact that there is no dispute, Gap's 4, 6, 8, 11, Eul's 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was exposed to strong noise during the period from December 26, 1983 to December 31, 1983, during which he had been serving as C in the Category B, while performing explosives disposal work inside the military unit. After that, the plaintiff continued training, shooting training, and underwater training, and the symptoms of this case have continued, and the disease of this case has become worse due to the lapse of time. Thus, the disease of this case has causation with the performance of military duties.

Therefore, the Defendant’s disposition of this case is unlawful on a different premise.

B. Determination 1) Article 4(1)6 of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 11041, Sep. 15, 201) (including diseases caused by occupational injuries during the course of education and training or performance of duties)

The term "military personnel or police officers" means those who are injured or ill during education and training or in the performance of their duties.

Therefore, in order to be different from the above provisions, education and training is conducted.

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