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(영문) 인천지방법원 2016.10.25 2016구단107
국가유공자비해당결정처분취소
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. The plaintiff was discharged from active service on February 5, 2002, and was discharged from active service on March 22, 2004.

The Plaintiff filed an application for registration of a person who has rendered distinguished services to the State by asserting that he/she was attending a sick hospital because he/she was iced at a training center after entering the training room, and he/she did not show symptoms thereafter, and that he/she was attending a sick hospital. However, the Defendant rendered a decision on November 201 that he/she did not meet the requirements for persons who have rendered distinguished services to the State.

B. On November 17, 2015, the Plaintiff asserted that the Defendant suffered from a mental illness (hereinafter “franchising”) by taking the face, etc. of an executive officer at the time of the training, and applied for registration of persons who have rendered distinguished services to the State and persons who have rendered distinguished services to the State on the ground that he/she applied for “ice digging.”

C. On January 21, 2016, the Defendant rendered a decision against the Plaintiff on January 21, 2016, on the grounds that there is no objective evidence to prove that the instant disease occurred during military service as a cause of aliva and cruel treatment (hereinafter “instant disposition”), and on the grounds that there is no objective evidence to prove that the disease occurred during military service.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff got ice from the training center after entering the training center, and lost the mind by having ice face from the executives. The instant disease occurred due to harsh treatment and face matization at the training center.

The disposition of this case, which was otherwise determined, is unlawful.

B. (1) Determination is that a soldier or a police fire-fighting officer who is directly involved in the performance of duties or education and training (including diseases) under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State”).

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