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(영문) 대구고등법원 2020.05.15 2018누2071
국가유공자 및 보훈보상대상자 요건비해당 결정처분 취소
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts are either in dispute between the parties or in accordance with the purport of Gap evidence 3, Eul evidence 1, 2, 5, and 6 (including the branch number, if not specially indicated; hereinafter the same shall apply) and the whole pleadings, and there is no counter-proof.

The Plaintiff is a person discharged from active service on March 2, 2016 while serving in the Army on June 3, 2014.

B. On May 19, 2016, the Plaintiff filed for registration with the Defendant on the ground that “the person who rendered distinguished services to the State, while conducting a shock training and tactical group, was exposed to an outboard line, with excessive physical and mental stress, resulting in a telegraphic red-companion (hereinafter “the instant wound”).” and applied for registration of a person who rendered distinguished services to the State, by asserting that “the person who rendered distinguished services to the State, was exposed to the outboard line, with excessive physical and mental stress.”

C. On October 5, 2016, the Defendant issued a notice of determination on whether a person was eligible for distinguished service to the State or a person eligible for veteran’s compensation (hereinafter “instant disposition”) to the Plaintiff on the ground that “the instant wounds may not be deemed as a direct cause for 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 that such performance of duties or education and training cannot be deemed as rapidly aggravated at a speed above natural progress or as a direct cause for performing other duties or education and training, or as a result of the occurrence or the rapid aggravation of other duties or education and training (hereinafter “instant disposition”).

The statutes related to the disposition of this case are as shown in the attached Form “related statutes.”

2. Plaintiff’s assertion 1) While performing various duties and training in the military, the Plaintiff was exposed to an excessive external line with usual physical and mental stress, and the Plaintiff showed an initial symptoms of viral virative virative virative virative virative virative virative viratives, such as cruel, heat, soil, and respiratory distress, and the viral viral bral pulmonary bom. 2) The Plaintiff was also exposed to the symptoms above.

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