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(영문) 대구지방법원 2016.11.11 2015구단11245
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 20, 1950, the Plaintiff asserted that “waste tuberculosis and chronic infection” occurred due to abnormal eating habits and poor working environment during military service (hereinafter “each of the instant wounds”) as a person who was discharged from military service upon entering the Army as a staff soldier on the Army on March 25, 1954, and filed an application for registration of persons of distinguished service to the State on February 14, 2014.

B. On June 30, 2014, the Defendant rendered the instant disposition against the Plaintiff that did not meet the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation on the ground that “the specific and objective supporting materials that may recognize that each of the instant injuries was caused or aggravated due to the occurrence of proximate causal relation with the performance of military duties or education and training”

C. The Plaintiff appealed to the Defendant and filed an objection, but received a notification of non-existence of a person who rendered distinguished services to the State on November 12, 2014 (persons eligible for veteran’s compensation).

The plaintiff filed an administrative appeal, but was dismissed on June 9, 2015.

【Ground of recognition】 The fact that there is no dispute, Gap 2 through 6, Eul 1 and 4, the purport of the whole pleadings and arguments

2. Whether the disposition is lawful;

A. The plaintiff's assertion

6. On the grounds that each of the instant wounds occurred due to abnormal eating habits and poor working environment, such as providing meals, etc. through severe mental stress and smooth spread during the performance of duties, such as the dispatch and treatment of injury and disease while serving as a sanitary disease in the war. As such, there is a proximate causal relation with each of the instant wounds with the military performance or education and training.

B. (1) The determination requires a proximate causal relationship between 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.

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