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(영문) 울산지방법원 2016.09.01 2015구합1643
국가유공자 등 요건비해당결정 처분취소
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. On February 25, 2014, the Plaintiff (BB and male) entered the Army, and was assigned to the six soldiers joints C of the sixth Group of the Korean Army, and served as a cooking soldier from June 2014, and was diagnosed by the D Hospital on January 7, 2015 (hereinafter “the instant wounds”). On January 19, 2015, the Plaintiff (B and male) was discharged from the hospital on March 27, 2015 after receiving a pre-crising control and the net scopic scopulation (hereinafter “the instant surgery”).

B. On May 28, 2015, the Plaintiff filed an application for registration of a person of distinguished service to the Defendant on the basis of the instant difference.

C. On October 27, 2015, the Defendant rendered a decision on whether a person of distinguished service to the State or a person eligible for veteran’s compensation was ineligible for the State’s compensation (hereinafter “instant disposition”) on the ground that “the proximate causal relation between the instant wounds and the performance of military duties or education and training is not recognized.”

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, 4, 7, Eul evidence 1 (each number is included; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the Plaintiff’s right shouldered before entering the Plaintiff’s army, the Plaintiff lived without any other symptoms, and the Plaintiff was judged as being subject to class 1 enlistment in active duty service in a physical examination for conscription and completed the new training course normally.

However, after that, why the plaintiff of a small scale of body caused the difference in this case in the course of carrying out a cooking team work, such as attaching and transporting rice and corrosion, etc. while in military service, which is unreasonable. The difference in this case occurred due to military service, or is rapidly aggravated at a natural progress speed above that.

Therefore, even though the wound of this case constitutes a wound during the performance of duties or education and training, the instant disposition based on a different premise is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

(c)in the past one year of recognition;

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