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(영문) 대구지방법원 2018.10.26 2016구단1542
국가유공자및보훈보상대상자요건비해당결정처분취소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On September 1, 1995, the Plaintiff was discharged from the Army on November 30, 2015, and was discharged from military service on November 30, 2015, and was placed with an original container shooting control display during the performance of military duties.

On January 27, 2016, the Defendant filed an application for registration of persons of distinguished services to the State (hereinafter referred to as “each of the instant injuries”) with respect to the fall in the function of the upper part after a wood surgery, as it was exposed for a long period of time, and discovered side of the upper part of the upper part of the body, which was found in severe work and stress, and undergone a surgery after undergoing the diagnosis of the upper part of the upper part of the body.

B. On June 8, 2016, the Defendant rendered a disposition against the Plaintiff on the ground that each of the instant injuries was not recognized as having caused military duties or education and training (hereinafter “each of the instant dispositions”), which does not constitute a person of distinguished service to the State (a person injured on duty) and a person eligible for veteran’s compensation (a person injured on duty) (hereinafter “each of the instant dispositions”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, 13, the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. On June 1996, the Plaintiff asserted that the original container had been exposed for a long time to control the operation and check on the site due to the failure to carry out the original container register, and that he could not receive hospital treatment due to the duties as the original container register and the duties as the operation team.

After that, even at the time of the original container commander's employment, he/she was exposed to the radars several times due to the inspection of the operation status of equipment between the patrols, etc., and thereafter, on May 2006, he/she took overall control of the training team student register of the educational team, and he/she suffers from excessive work and stress, such as late guidance and shock training, chronological training, and alternative preparation guidance, and he/she was diagnosed with urology from January 2007, and he/she was diagnosed with urology since 2009.

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