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(영문) 서울행정법원 2015.06.05 2014구단58276
국가유공자요건비해당결정취소
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 September 5, 2013, the Plaintiff filed an application for registration of persons who rendered distinguished services to the State to the Defendant on the grounds that: (a) a Vietnam War had occurred in the Republic of Korea; and (b) a Vietnam War had filed an application for registration with the State

B. On May 26, 2014, the Defendant rendered a decision on the eligibility of a person who rendered distinguished services to the State and a person eligible for veteran’s compensation on the ground that there is no objective evidence to prove that the Plaintiff’s instant wounds occurred while performing his/her duties.

[Ground of recognition] Facts without dispute, Gap 6, Eul 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff was exposed to a large number of battles, such as Annbban, during the Vietnam War, and caused crypt and ebbination.

Therefore, the Defendant’s disposition of this case is unlawful on a different premise.

B. 1) On August 23, 1969, the Plaintiff was so-called, and was discharged from military service on April 30, 1982. On the other hand, from April 21, 1972 to February 14, 1973, the Plaintiff participated in Vietnam War. 2) Meanwhile, there is no room for the Plaintiff, and on the other hand, there is no different records such as the records of hospitalization in the officer identification chart, and the military physical examination report was filed every year from 1973 to 1981 after the Plaintiff returned to the Republic of Korea, and the Plaintiff’s physical grade is described as “A”.

3) From 2005 to 10 years of health insurance benefits for the Plaintiff, there are no difficulties in hearing or benefits related to the personal name of the Plaintiff. 4) The Plaintiff received a disability examination of class 5 of the Cheong power disorder from the National Assembly members of the B B B B in 2012.

[Ground of recognition] Facts without dispute, Gap 5, 8, Eul 7, 8, the purport of the whole pleadings

(c) Determination 1) Article 2(1)2 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (Article 4(1)6) (Article 2(1)2 (Article 2(1)2) of the Act on Support for Persons Eligible for Veteran’s Compensation.

performance of duties for purposes of this section.

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