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(영문) 대구지방법원 2016.05.13 2016구단211
국가유공자및보훈보상대상자등록거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the instant disposition

A. On February 3, 2015, the Plaintiff, who entered the Army and was receiving a new disease education, was discharged from military service on May 4, 2015 after being discharged from military service on the ground that the early symptoms of pulmonary laman were caused, and that the Plaintiff was determined to have the piracy and the amount medication. Since the fact that the Plaintiff was found to have been at least the end of laman, the Plaintiff was transferred to B hospital during the treatment of hospitalization at the National Armed Forces Chuncheon Hospital, and was discharged from military service on March 16, 2015.

B. On May 11, 2015, the Plaintiff applied for registration of a person who has rendered distinguished services to the State, but the Defendant issued a notification on December 17, 2015 to the Plaintiff on the ground that the Plaintiff did not meet the requirements for persons who have rendered distinguished services to the State and persons who have rendered distinguished services to the State under the Act on the Honorable Treatment and Support for Persons, etc. of Distinguished Services to the State, and the Act on Support for Persons Eligible for Veteran’s Compensation, on the ground that “the fact that the expansion of the organization that had been previously admitted may result in the abolition of waste collection and entertainment due to the expansion of the organization that

C. The Plaintiff appealed and filed the instant lawsuit.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence No. 1, and the ground for appeal

2. Whether the instant disposition is lawful

A. Although the Plaintiff’s assertion was diagnosed with the expansion of the area before entering the Plaintiff, the Plaintiff lived normally for about five years without any problem, and was taken measures to keep the Plaintiff insufficient when the symptoms of waste collection occurred at the early stage after entering the Plaintiff. Considering the fact that the symptoms of waste collection have rapidly deteriorated due to long-term exposure during the outdoor training during wintering, it would have a proximate causal relation with the Plaintiff’s performance of duties or education and training.

B. (1) In the event that the Plaintiff asserts that the disease occurred due to performance of duties or education and training, Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act on the Honorable Treatment and Support

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