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(영문) 대구지방법원 2015.05.01 2014구단842
국가유공자,보훈보상대상자 요건비해당결정처분취소
Text

1. The Defendant’s decision that rendered against the Plaintiff on January 24, 2014 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 March 22, 2011, the Plaintiff was discharged from military service on December 21, 2012 by entering the Army, while serving in the Water Machinery Engine.

B. On April 201, when the Plaintiff was under a new bottle training, the Plaintiff claimed that both the right stalone and the left stalone were cut down. On September 201, 201, the right stalone of the night mountain training was cut down. On August 29, 2013, the Plaintiff filed an application for registration with the Defendant on August 29, 201, on the ground that “In the instant case, the Defendant applied for the registration of a person of distinguished service to the State (military police)” (hereinafter “the instant wounds”).

C. Accordingly, on January 24, 2014, the Defendant rendered a decision-making disposition on the grounds that the instant wound was difficult to recognize that it was caused or aggravated due to the performance of military duties or education and training (hereinafter “instant disposition”) and thus, did not constitute a person of distinguished service to the State or a person eligible for veteran’s compensation (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there is no dispute, Gap Nos. 1, 2, Eul Nos. 1, 4, and 5 (including virtual numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was diagnosed as the instant difference due to the aggravation of the symptoms in the continued military service, after entering the Plaintiff’s healthy condition, after training of a new disease and the arrangement of a self-infinite, the Plaintiff had gone to the right-hand part during the night mountain training.

Therefore, since the difference occurred due to the plaintiff's performance of duty or education and training, the first defendant's disposition of this case is unlawful on different premise.

(b) as shown in the attached Form of the relevant statutes;

C. Around 2003, the Plaintiff entered the National University of Water Supply and Machinery, on March 22, 201, in a situation where there are no special problems in the upper right sphere, except for gold, on the upper right duplicate. (2) On March 27, 201, the Plaintiff was undergoing a new path training, and the right sphere course was cut off, and the Plaintiff was on the left side.

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