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(영문) 의정부지방법원 2015.07.22 2013구단15369
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 June 5, 2012, the Plaintiff (BB) was discharged from military service on February 27, 2013 after having entered Korea on June 5, 2012, and was discharged from military service.

B. On May 31, 2013, the Plaintiff filed an application for registration of a person of distinguished service to the State with respect to the Defendant on the ground that, around June 2012, 2012, in the course of education and training for a new disease, the materials of the building of the Jincheon-do were moved to the Jincheon-do government, and that, in the sewage system, the escape from the scopic signboard was caused by shocking the scopic part of the scopic part, the Plaintiff applied for registration

C. Accordingly, on August 23, 2013, following the deliberation of the Board of Patriots and Veterans Entitlement, the Defendant decided that the Plaintiff does not meet the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation on the ground that “an applicant is not deemed to have been suffering or aggravated within a substantial relationship with the military performance of official duties due to the outbreak of an injury to the State” (hereinafter referred to as “each corresponding decision”) (the instant disposition”).

[Ground of recognition] Uncontentious facts, Gap evidence 1, Eul evidence 1, Eul evidence 1 and 7 (including each number; hereinafter the same shall apply), the whole purport of the pleading

2. Whether the disposition is lawful;

A. After entering a new disease education and training on June 5, 2012, the Plaintiff asserted that heavy building materials were moved to the ground, and milched from the ground, and caused severe pains to the trend after he/she was strongly shocked into the inside of the sewage hole. On July 20, 2012, the Plaintiff was diagnosed by a light signboard escape certificate and was diagnosed by a pharmacologic, and eventually, he/she was discharged from the military service on February 27, 2013, because he/she was diagnosed by a pharmacologic and a fixed beverage escape certificate on December 16, 2012, and eventually, he/she was discharged from the military service on February 27, 2013. Accordingly, the Plaintiff’s request was caused by the said shock or aggravation during the military service.

Nevertheless, the instant disposition taken on a different premise is unlawful.

B. (1) Determination is made pursuant to Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act”) regarding whether a soldier or policeman was a soldier or policeman wounded on duty.

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