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(영문) 의정부지방법원 2018.10.25 2018구합12409
추가상이처불인정처분취소청구의 소
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. The plaintiff entered the Army on September 1, 1964 and is serving military service.

On March 11, 1967, discharged from military service.

The plaintiff, while serving in the military, participated in Vietnam from October 15, 1965 to January 26, 1967.

B. On August 6, 2014, the Plaintiff filed for registration of a person who rendered distinguished services to the State in the Vietnam War, and registered as a soldier or policeman wounded in action on the results of the physical examination conducted by applying for registration of a person who rendered distinguished services to the State in Grade VII.

C. After that, the Plaintiff suffered noise c.i.e., noise c., e., e., noise c., and e., e., e., e., e., g., noise c., e., the wound

On October 24, 2016, the defendant filed an additional application for registration. D.

After the deliberation and resolution of the Board of Patriots and Veterans Entitlement, on January 23, 2017, the Defendant rendered an additional award on the ground that “It is difficult to recognize the injury of the instant accident as a wound or an act related thereto, and it is difficult to recognize that the injury was caused by the performance of duties, education and training, other duties or education and training, etc. directly related to national defense, safety, etc., or the occurrence or aggravation of the injury is not a soldier or policeman wounded in action or soldier or policeman wounded in action

(hereinafter “instant disposition”) e.

On March 13, 2017, the Plaintiff appealed and filed an application for adjudication with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the Plaintiff’s application for adjudication on May 23, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is clear that the plaintiff suffered from the wounds of this case due to totality and sporasity during the Vietnam War's military service. Thus, the disposition of this case issued on a different premise is unlawful.

(b) Article 4(1)4, 6, and 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State.

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