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(영문) 대구지방법원 2018.01.26 2016구단10119
국가유공자 및 보훈보상대상자 요건 비해당 결정 취소
Text

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

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

Reasons

1. Details of the disposition;

A. On February 7, 2011, while entering the Marine Corps, the deceased B (hereinafter “the deceased”) was diagnosed as “bruptive leukosis” (hereinafter “instant wounds”) on February 7, 201, and was discharged from military service on April 30, 2012 by Seoul Asan Hospital and the National Armed Forces Water Hospital.

B. After discharge on September 30, 2013, the Deceased died on August 16, 2014, when the instant wounds were repeated.

C. On February 12, 2015, the Plaintiff, the father of the Deceased, filed an application for registration of persons who have rendered distinguished services to the State with the Defendant, asserting that “The Deceased, while managing the mobilization training team, exposed to cancer materials that were exposed to the Pest and Sponers, and continued boundary service and work, with concentration of overwork and stress, led to the outbreak and rapid aggravation of the instant wounds.”

On October 29, 2015, the Defendant issued a notice of non-existence of the requirements for persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the grounds that (i) the injury of the Deceased was caused by (ii) the performance of duties or education and training directly related to the protection of national defense and security, or the protection of citizens’ lives and property, and (ii) the performance of duties or education and training as above cannot be deemed to have rapidly deteriorated at a level above the natural progress speed, or (iii) the other performance of duties or education and training as a direct cause, and cannot be deemed to have rapidly deteriorated at a level above the natural progress speed.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 16 evidence, Eul evidence 2 to 7, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that he worked as a military support and mobilization training team management soldier at the 16 reserve forces of the Navy 16 reserve forces. While preparing for training of the reserve forces at least 24 times a year, the Plaintiff’s improvement and repair of facilities, and maintenance of various kinds of materials.

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