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(영문) 대구지방법원 2016.08.19 2015구단887
국가유공자및보훈보상대상자요건비해당결정처분취소
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 November 10, 1992, but was discharged from military service on October 26, 1993.

B. The Plaintiff asserted that the “bee post-post” (hereinafter “the instant wounds”) was suffering and malicious due to the dynamics, stress, etc. in the military forces, and filed an application for registration of persons who rendered distinguished services to the State on January 23, 2015.

C. On April 14, 2015, the Defendant rendered the instant disposition that did not constitute the requirements for persons who have rendered distinguished services to the State (persons eligible for veteran’s compensation) on the ground that the instant wounds were difficult to be deemed to have caused or aggravated causal relation with military duties or education and training.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence No. 1, and the ground for appeal

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that there was no king evidence before entering the military, and there was a proximate causal relation between the instant wounds and the military performance of official duties, since the instant wounds occurred or aggravated due to mental stress caused by shock, etc. caused by traffic accidents during the period of returning to the military after completion of a training course due to harsh treatment by an appointed soldier during the military service, a lack of course and surface of water, and a leave due to a driver’s duties.

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. In order to constitute “a wound in the course of performing duties or education and training,” and the burden of proof

(2) In light of the following circumstances, with respect to whether the instant wound has causal relations with the performance of duties or education and training, the instant wound is different in light of the health class, Gap evidence No. 9, Eul evidence No. 10, Eul evidence No. 3, and the purport of the oral argument.

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