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(영문) 부산지방법원 2017.05.31 2016구단21071
국가유공자등록
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The plaintiff entered the Army on October 16, 1970 and was discharged from military service on March 31, 1975.

B. On December 17, 2015, the Plaintiff filed an application for registration of persons who rendered distinguished services to the State with a disability on the ground that: (a) the Defendant, while serving in the military, was under surgery on the right side of a disease due to chronic alley infection; and (b) cut off the bridge; and (c) the Plaintiff applied for registration of persons who rendered distinguished services to the State.

C. On April 22, 2016, the Defendant decided that, in light of the circumstances where the right-side chronic infection (hereinafter “the instant injury”) occurred before entering a school and where it is difficult to recognize the relevance of official duties, etc., it is difficult to recognize that there was a proximate causal link with the performance of duties or education and training directly related to national defense, safety, etc., or that it was caused or aggravated due to the occurrence or aggravation of other duties or education and training. Thus, the Defendant did not meet the requirements under Article 2(1)2 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act on the Honorable Treatment and Support of Persons, etc.”) or the Act on the Support for Persons, etc. of Distinguished Services to the State (hereinafter “the Act on the Honorable Treatment and Support of Persons, etc.”)

(hereinafter “instant disposition”). D.

The plaintiff filed an administrative appeal on October 21, 2016, but the Central Administrative Appeals Commission ruled to dismiss all plaintiff's claims.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 2, 5, and 6, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff was healthy at the time of entering the Plaintiff, but, during his military service, the instant injury was caused due to the military performance of his duties, such as continuous her malm and malm from his company during his military service, or the injury and disease of this case rapidly aggravated above the natural progress rate, there is a proximate causal relation between the injury and the military service of this case.

Therefore, the instant disposition, which had different premise, is unlawful.

(b).

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