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(영문) 인천지방법원 2018.10.16 2016구단51532
국가유공자및보훈보상대상자요건비해당결정처분취소
Text

1. The Defendant’s disposition against the Plaintiff on November 10, 2016, which was non-conforming to the requirements of a person of distinguished service to the State, shall be revoked.

Reasons

1. Details of the disposition;

A. On June 30, 201, the Plaintiff entered the Army as of November 7, 1981, and continued to be exposed to noise, such as shooting and breadth training, as a school supervisor and safety control controller, for about 30 years from the date he/she was discharged from the Army as of June 30, 2016. The Plaintiff applied for registration of a person of distinguished service to the State on July 1, 2016.

B. On November 10, 2016, following the deliberation of the Board of Patriots and Veterans Entitlement, the Defendant rendered a disposition against the Plaintiff on the requirements for registration of persons who rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. From the time of entering the Plaintiff’s assertion, the Plaintiff continued to perform the duties of shooting training, breadth training, safety control officers, and safety service personnel, etc. in the course of conducting their duties, and in detail, the Plaintiff was exposed to the noise of helicopters every 43 days as safety control personnel in the course of performing the operations of searching and extinguishing military communist communist militia in Gangnam 1996, and was dispatched to the noise of the helicopter every day during 2006, and was exposed to the noise of the helicopter due to shooting training and blasting operations. On October 2013, 2013, the Plaintiff was exposed to helicopters noise for a group of lectures for military exercise on the date of military force.

B. As a result of the appraisal, such as medical opinions (as a result of the commission of appraisal to the head of the roadside Hospital, a medical corporation), there is a tendency to continuously be exposed to noise due to lack of symptoms, and there is a case where the symptoms need to be exposed to noise due to lack of such symptoms, and the symptoms need to be exposed to the hospital. - On December 2, 2014, the result of the appraisal conducted on December 2, 2014, shows a larger level of noise.

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