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(영문) 서울행정법원 2016.01.22 2014구단15965
국가유공자등록거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On September 22, 1986, the Plaintiff entered the Army and served as sanitary disease at the Daegu Integrated Hospital, and was discharged from military service on April 15, 1987.

B. On August 26, 2013, the Plaintiff filed an application with the Defendant for registration of persons who have rendered distinguished services to the State on the ground that “on the left knee persule” (hereinafter “instant wounds”) was different.

C. On January 14, 2014, the Defendant rendered a disposition against the Plaintiff on the ground that “the instant wound was caused by the performance of military duties or education and training, or it is not recognized that it was caused or aggravated due to the cause of proximate causal relation with the performance of duties or education and training” (hereinafter “instant disposition”) that does not meet the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation.

The Plaintiff appealed and filed an administrative appeal on May 16, 2014, but the Central Administrative Appeals Commission dismissed the decision on August 12, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. On October 1986, the plaintiff asserted that the plaintiff exceeded the obstacle during the training course for the training course for the new illness in the Escopic Training Center and suffered the wounds of this case.

Therefore, the instant disposition, which was made on a different premise, constitutes an injury caused by the performance of military duties or education and training, is unlawful.

B. According to the statements in Gap evidence Nos. 7 and 8, the plaintiff shown that he was knenee on December 23, 1986 when he was in military service, and was diagnosed as a result of a medical examination by the Daegu Integrated Hospital on the left-hand knee, and was under physical treatment on January 23, 1987, and was discharged from military service on April 15, 1987. Furthermore, it is recognized that the plaintiff was suffering from the difference in this case due to the plaintiff's assertion, and there is a number of Nos. 5 and 10.

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