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(영문) 광주지방법원 2021.03.31 2019구단10910
보훈보상대상자 요건 비해당 결정처분 취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On September 16, 2014, the Plaintiff enlisted in the Marine Education Team and received training of noncommissioned officers from the Plaintiff, and served as a noncommissioned officer on December 1, 2014, and was discharged from military service on November 30, 2018.

B. On December 6, 2018, the Plaintiff sustained from the Defendant, in the education and training division of the Marine Corps, the “salvination of the two sides on both sides and the salvinization of the parts on both sides” (hereinafter “the instant wounds”).

The application for the registration of a person eligible for veterans' compensation was filed.

(c)

On June 24, 2019, the Defendant rendered a decision to the Plaintiff on June 24, 2019 (hereinafter “instant disposition”) in comparison with the requirements for a person eligible for veteran’s compensation on the grounds that it is difficult to view the instant difference as an injury in the line of active duty or education and training, and it is difficult to recognize that the instant difference was caused or aggravated due to a substantial causal relationship with the military duty or education and training.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 1 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The gist of the Plaintiff’s assertion was minor, but the treatment was completed as a result of the disease on the right side prior to his entrance, and was also judged as normal in the enlistment examination. On October 24, 2014, when the Marine Corps Education and Training Team of the Marine Corps was driving along the mountain path, the injury of this case was caused.

Therefore, the injury of this case was caused by the Plaintiff’s military service or aggravated beyond nature, and is in a considerable relation with the person on duty of the military.

The prior disposition of this case on a different premise is unlawful.

B. 1) On October 15, 2014, the Plaintiff was involved in an accident that, while conducting a astronomical parallel training for the Marine Corps Noncommissioned Officers on October 15, 2014 (hereinafter “the instant accident”). The Plaintiff was involved in the instant accident, b).

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