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(영문) 대구지방법원 2016.12.16 2016구단808
국가유공자요건비해당결정취소
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 deceased B (hereinafter “the deceased”) was discharged from military service on April 17, 1952 while serving for the Army on August 17, 1950, and died on October 23, 1978.

B. C, the deceased’s spouse, was injured during his/her operation at the time of the Korean War, and “the so-called bridge, clothes” was different from the deceased’s application, and filed an application for registration of bereaved family members with the Defendant on June 27, 2014.

C. After deliberation and resolution by the Board of Patriots and Veterans Entitlement, the Defendant filed an administrative appeal against C on October 17, 2014, following deliberation and resolution by the Board of Patriots and Veterans Entitlement, against the defect in notification of non-eligible persons who have rendered distinguished services to the State, and the appeal was dismissed on March 10, 2015, and C died on March 21, 2015.

On December 4, 2015, the Plaintiff, who was the deceased, was defective in filing an application for re-registration of a bereaved family member of a person who has rendered distinguished service to the State, and the Defendant issued the instant disposition against the Plaintiff on March 7, 2016, that “bridge, clothes, and Dol” (hereinafter “instant wounds”) does not constitute a person who has rendered distinguished service to the State or a person eligible for veteran’s compensation.

【Facts without dispute over the grounds for recognition, entry of Gap's 1, 3, and Eul's 1, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. At the time of the June 25 War, the Plaintiff’s assertion was suffering from the instant wounds and was hospitalized in the military hospital and received treatment, and died after being discharged from active service, and the instant disposition was unlawful even after the military hospital’s treatment record.

B. (1) The determination requires a proximate causal relationship between the performance of duties or education and training to constitute “a wound in the course of performing duties or education and training” under Article 4(1)6 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State and Article 2 Subparag. 2 of the Act on Support for Persons Eligible for Veteran’s Compensation, Etc., and the burden of proof as to such proximate causal relationship.

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