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(영문) 대구지방법원 2018.04.25 2017구단11232
국가유공자요건비해당결정취소
Text

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

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

Reasons

1. Details of the disposition;

A. On August 17, 1973, the Plaintiff entered the Army and was discharged from military service on May 31, 1975, the Plaintiff filed an application for registration with the Defendant on June 19, 2017, on the ground that “A person who was discharged from military service on May 31, 1975, and was incurred from injuries, such as husium, back head, and item, beyond the work course under the jurisdiction of the Military Service Corps 1205.”

B. On August 18, 2017, the Defendant issued a disposition against the Plaintiff on the ground that “the performance of duties or education and training directly related to the protection and security of the country from which the Plaintiff was injured or to the protection of the lives and property of the people are not deemed to have been rapidly aggravated at a level above the outbreak or natural progress level due to the cause of the protection and security of other countries, or the performance of duties or education and training, which are not directly related to the protection of the lives and property of the people,” which does not constitute the requirements for persons who have rendered distinguished services to the State or persons eligible for veteran’s compensation (hereinafter “each disposition of this case”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. The Plaintiff asserted that there was no anything wrong with the health of the Plaintiff before entering the hospital. On November 22, 1974, the Plaintiff, who was posted to the Construction-Public Service Complex and served in the Construction-Public Service Complex, was placed in the Construction-Public Service Complex, and was placed in the Construction-Public Service Complex, and was discharged from the hospital due to an accident that she was faced with a wooden joint plate, and was discharged from the hospital after being hospitalized in the said site (hereinafter “instant accident”).

Since it is reasonable to deem that the Plaintiff’s Gyeong-4 escape certificate, No. 3-4-5, 3-5, and vertebrate chronon (hereinafter “the instant injury”) was caused due to the instant accident, or rapidly aggravated above the natural progress speed, it is reasonable to deem that the instant accident was caused, and thus, the Defendant’s “hurri” and “hurri” among each of the dispositions of this case under different premise.

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