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(영문) 서울행정법원 2014.12.18 2014구단185
국가유공자및보훈보상대상자비해당결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On December 27, 2010, the Plaintiff entered the B Education Headquarters, and was assigned to the unit of the unit of the unit of the unit of the unit of the military training team on February 8, 2011, and was discharged from the military service on August 24, 2012. During the course of the unit of the military training, she was diagnosed as “Gradic vertebrate” (hereinafter “the instant wounds”). On August 27, 2012, the Plaintiff applied for the registration of a person of distinguished service to the Defendant on August 27, 2012. On January 30, 2013, the Defendant applied for the registration of a person of distinguished service to the State on the ground that there is no proximate causal relation with the military duty as a congenital disease, and thus, rendered notification of non-conformity of the requirements for persons of distinguished service to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”).

B. The Plaintiff filed an administrative appeal against the instant disposition, but received a dismissal ruling from the Central Administrative Appeals Commission on September 24, 2013.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, Eul 1, 2, Eul 1, 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion did not suffer from a disease related to the brue before entering the military, and caused a fluoral disease due to a cumulative and repeated brupt shock during a period of 50 to 70 training soldiers, which led to the diagnosis of the instant difference, and thus, it should be deemed as the outbreak or aggravation due to the performance of military duties.

B. (1) Determination refers to a soldier’s performance of duties or education and training (including illness) under Article 4(1)6 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State and Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation means that a soldier, etc. was injured or ill in the course of performing his/her duties or education and training. In order to be different from the above provision, there is a proximate causal relation between the performance of duties or education and training, and the injury or disease must be proved by the party asserting

Supreme Court Decision 200

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