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(영문) 수원지방법원 2017.05.17 2016구단2070
국가유공자 등록거부처분 등 취소
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 March 28, 1994 and was discharged from office on May 30, 1996.

B. On March 5, 2015, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State on the ground that the injury or disease (hereinafter “instant injury or disease”) occurred during the military service, on the ground that the injury or disease was caused by snow (i.e., g., g., g., g., g., g., during

C. On September 3, 2015, the Defendant notified the Plaintiff of the determination on the person who rendered distinguished services to the State and the person eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that the Plaintiff’s injury or disease was not recognized as having caused proximate causal link with the performance of military duties or education and training, following the deliberation and resolution of the Board of Patriots and Veterans Entitlement.

On November 27, 2015, the Plaintiff appealed to the Central Administrative Appeals Commission, but was dismissed on April 22, 2016.

[Ground of recognition] No dispute, Gap 1, 2, Eul 1, and 2

2. Whether the instant disposition is lawful

A. The plaintiff alleged in the plaintiff's assertion that a snow disease occurred due to the expansion of eromatic pressure due to stress, etc. while in the military service. The defendant's disposition of this case that deemed that there was no proximate causal relation between the wound branch of this case and the plaintiff's military service, etc., even though the military hospital received treatment and forced discharge on the ground of shock training and did not receive proper diagnosis and treatment, it should be revoked as unlawful.

B. 1) Determination of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act”) is limited.

6) Article 4(1)6 of the Act (including diseases caused by official duties in the course of education, training or performance of duties)

In order to fall under the ‘', there should be a proximate causal relationship between education and training, performance of duties and injury or disease, and the existence of a proximate causal relationship should be proved by the side claiming it, and it must be clearly stated in medical and natural science.

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