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(영문) 대구지방법원 2017.12.01 2016구단1092
국가유공자등록거부처분취소
Text

1. The plaintiff's main claim is dismissed.

2. Requirements for persons eligible for veteran’s compensation that the Defendant rendered to the Plaintiff on June 17, 2015.

Reasons

1. Details of the disposition;

A. On December 6, 1979, the Plaintiff was diagnosed as “outboard nuclear, fluor, and fluorial coar,” and was discharged from the service on November 6, 1982.

B. On January 8, 2015, the Plaintiff filed an application for registration with the Defendant for registration of a person who has rendered distinguished services to the State by asserting that “a disease occurred in the resistance while driving in the military while performing duties” (hereinafter “instant injury”).

C. On June 17, 2015, the Defendant: (a) rendered a decision on the Plaintiff’s injury in the instant case as not constituting the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the grounds that (b) the Plaintiff cannot be deemed as directly causing performance of duties or education and training directly related to the protection of national defense and security, or the protection of citizens’ lives and property; and (c) it cannot be deemed that the Plaintiff’s non-performance of duties or education and training was rapidly aggravated at a level higher than

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 through 3, 6 through 8 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff asserted that the plaintiff was physically disabled without a documentary evidence, and the injury of this case occurred while driving with excessive driving while serving in the military. The disposition of this case which decided that the plaintiff did not meet the requirements for persons who rendered distinguished services to the State and persons eligible for veteran's compensation is unlawful.

B. Determination 1) Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Persons of Distinguished Services to

In Article 4(1)6, a soldier shall include wounds in the performance of duties or education and training directly related to national defense and security, national security, or the protection of the lives and property of the people.

Persons who have been discharged from military service or retired from military service by suffering from persons of distinguished service.

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