logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2018.12.13 2018구합253
국가유공자요건비해당결정처분취소
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s eligibility for veteran’s compensation against the Plaintiff on June 26, 2017.

Reasons

1. Details of the disposition;

A. On October 16, 2012, the Plaintiff (B) entered the Army and was discharged on July 15, 2014. On December 2, 2016, 2016, the Defendant filed an application with the Defendant for registration of a person who has rendered distinguished services to the State by asserting that “The Plaintiff received treatment on the left side (hereinafter “the instant accident”) during the transport-to-becket match, which had been on May 2, 2014 when serving in the military, due to the occurrence of a re-proving of the left side in the shock training, and thereafter, applied for registration of a person who has rendered distinguished services to the State (hereinafter “the instant accident”).

B. On June 26, 2017, following the deliberation of the Board of Patriots and Veterans Entitlement, the Defendant rendered a disposition on the Plaintiff on the ground that “The instant wound was recognized as having a proximate causal link with the performance of duties or education and training directly related to national security, etc., or cannot be deemed as having caused or aggravated causal link with other duties or education and training. Therefore, the Defendant did not meet the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation” (hereinafter “each of the instant dispositions”).

C. The Plaintiff dissatisfied with each of the instant dispositions and filed an administrative appeal with the Central Administrative Appeals Commission on July 12, 2017, but the said administrative appeals commission dismissed the Plaintiff’s claim on April 10, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Gap evidence 5 through 8 (including each number, hereinafter the same shall apply), Eul evidence 5, the purport of the whole pleadings

2. Determination on the legitimacy of each of the dispositions of this case

A. The Plaintiff asserted that he was discharged from active service on May 2014, when serving in the military, caused the instant wound to the left side while doing so. This led to the occurrence or aggravation of the instant wound.

arrow