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(영문) 대구지방법원 2014.08.08 2013구단10590
국가유공자비해당결정처분취소
Text

1. On June 11, 2013, the Defendant’s disposition of non-conformity of the requirements for persons eligible for veteran’s compensation against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On April 5, 2011, the Plaintiff entered the Army and served in the 1107 No. 107 Armed Forces B, and was discharged from military service on January 4, 2013.

B. On February 4, 2013, the Plaintiff filed an application for registration with the Defendant for distinguished service to the State on the ground that there was an injury or disease (hereinafter “instant injury or disease”) in the “Manee-Mae-Mae-Mae-Mae-Mae-Mae-Mae-Mae-Mae-Mae-Mae-Mae-Mae-Mae-Mae-Mae-Mae-Mae-Mae-Mae-Mae-Mae-Ma

C. Accordingly, on June 11, 2013, the Defendant rendered a decision to grant a person of distinguished service to the State or a person eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that the instant injury or disease was not recognized as having been incurred while on duty or education and training during the military service.

【Ground for recognition】 The fact that there has been no dispute, the purport of whole pleading

2. Whether the instant disposition is lawful

A. Although the Plaintiff’s assertion was inflicted on a healthy state without any particular physical problems, the Defendant’s disposition that did not recognize the causal relationship with the performance of duties or education and training while serving in the military branch of the instant case was unlawful, even though the instant injury and training was conducted twice during the military service and the long-distance continuing military service and the instant injury and disease occurred in the stable games participating in around August 2012.

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

C. Determination 1) Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (including diseases caused by official duties during the performance of duties or education and training.

the term "military personnel or police officers" means those who are injured or ill during the performance of their duties or education and training.

Therefore, in order to be a different difference from the above provision, there should be a proximate causal relationship between the performance of duties or education and training and the injury or disease, and the causal relationship between the performance of duties, etc. should be proved by the party asserting it.

, however, that;

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