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(영문) 수원지방법원 2017.03.03 2015구단33671
국가유공자등록 거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On March 4, 2008, the Plaintiff entered the Army and discharged from the military service on July 17, 2009, and filed an application for registration of persons of distinguished service to the State on August 18, 2014 with the Defendant on the ground that he/she applied for the “Yebio-Ma (hereinafter “the instant difference”).

B. On January 23, 2015, the Defendant rendered the instant disposition rejecting the registration of persons who have rendered distinguished services to the State and the registration of persons eligible for veteran’s compensation on the ground that “the instant injuries were caused by urgency during the performance of military duties or education and training, or are not deemed to have been caused or aggravated in proximate causal relation with military duties or education and training.”

On April 3, 2015, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the said request on August 11, 2015.

【Non-contentious facts, Gap’s evidence Nos. 1 and 2, Eul’s evidence No. 1-1, and the purport of the whole pleadings

2. Under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State”), there should be a proximate causal relationship between education, training, performance of duty, and injury or disease during the performance of duty, and the existence of a proximate causal relationship should be proved by the party asserting it. The existence of a proximate causal relationship is not necessarily required to clearly prove medical or natural science, but it is proved that there is a proximate causal relationship between education and training, performance of duty, and injury or disease when considering all the circumstances.

However, education and training is conducted because the causes of the outbreak and aggravation of modern medical science are concerned not only with education and training or duties but also with factors belonging to private life.

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