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(영문) 대구지방법원 2017.12.01 2015구단1866
국가유공자및보훈보상대상자요건비해당결정취소
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 May 6, 2013, while serving in the Army on the Army, the Plaintiff was diagnosed as “Apatum cancer and kidne kidy (hereinafter “instant wounds”) and was discharged from military service on January 12, 2015.

B. On January 30, 2015, the Plaintiff filed an application for registration with the Defendant for registration of persons who rendered distinguished services to the State, alleging that “the Plaintiff was exposed to cancer while serving as a driver in the workplace, and the immunity was deteriorated due to verbal abuse and desire stress by an appointed soldier.”

C. On August 26, 2015, the Defendant: (a) cannot be deemed to have caused the instant wound to the Plaintiff as a direct cause (i) the performance of duties or education and training directly related to the national defense and security, or the protection of the lives and property of the people; and (b) on the ground that the performance of duties or education and training, as a direct cause, cannot be deemed to have rapidly deteriorated at a level above the natural progress speed, or that the performance of duties or education and training, other than the performance of duties or education and training, has rapidly deteriorated at a level above the natural progress speed, the Defendant issued a notice of determination on the non-conformity of persons who rendered distinguished services to the State

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 7, Eul evidence 1 to 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff asserted that the plaintiff was physically wounded without a documentary evidence, and the occurrence or rapid aggravation of the harm of this case was caused by the following reasons, and the disposition of this case, which decided that the plaintiff did not meet the requirements for persons who rendered distinguished services to the State and persons eligible for veteran's compensation, is unlawful.

(1) The plaintiff is frequently exposed to fuel, such as gasoline, light oil, and oil, while serving as a driver at the military unit to which he/she belongs, and is engaged in vehicle painting.

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