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(영문) 대전지방법원 2017.04.13 2015구단101148
국가유공자요건비해당결정취소
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. On November 26, 1990, the Plaintiff was admitted to the Army and was discharged from military service on December 14, 1991. The Plaintiff stated that he was dismissed due to an accident falling off from the armored from the armored vehicle during the team head training in 1991, and that he applied for registration to the Defendant by using the difference as “protruding escape certificate”.

B. On September 11, 2015, the Defendant: (a) was diagnosed as “propact escape certificate L4-5” while hospitalized at a military hospital due to an accident that the Plaintiff was faced with the former Vice Chief during the training on March 16, 191 (hereinafter “instant accident”); (b) in light of the fact that the Defendant received the “propacting clusium” and “propacting clusium,” the Defendant rendered a decision that the injury caused during the military service constitutes a serious injury in performing official duties as prescribed by the Act on the Support for Persons Eligible for Veteran’s Compensation; (c) however, it is difficult to view that the injury suffered in the course of performing duties or education and training directly related to national security or the protection of the people’s lives and property, and thus, does not constitute the requirements for persons of distinguished service to the State (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. On March 16, 191, the Plaintiff asserted that he was faced with the former Vice-President, and was faced with an accident falling from the former vice president. The Plaintiff’s credit caused by the instant accident constitutes a special trauma that can be caused by urgency. The Plaintiff suffered from the difference in the application during the national defense security or the training directly related to the protection of people’s life and property. Thus, the instant disposition taken on a different premise is unlawful.

B. Article 3(1) [Attachment 1] 2-8(a) and (b) of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, the Act on Support for Persons Eligible for Veteran’

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