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(영문) 부산지방법원 2014.09.04 2012구합4372
국가유공자등록거부처분취소
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 October 5, 1964, the Plaintiff participated in the Vietnam War since October 1965 after entering the Marine Corps, and was discharged from military service on February 28, 1967.

B. On October 10, 201, the Plaintiff filed an application for registration of a person of distinguished service to the State with the Defendant on the ground that “A truck was cut off due to a driver’s negligence while being called for an operation area with one truck from among the Vietnam War on November 1, 1965, while being called for the operation area, two persons were killed, and the Plaintiff was killed with the right neck and shoulder,” but the Defendant rejected the application for registration of a person of distinguished service to the State following a resolution of the Board of Patriots and Veterans Entitlement on November 28, 2011, on the ground that there was no evidence to verify the details of the accident that can be recognized as the circumstance leading to the occurrence of the above wound, and that there was no causation between the above wound and the performance of official duties.

C. The Plaintiff added a letter of good faith and a diagnosis.

The Defendant filed an application for re-registration with respect to the Defendant on January 12, 2012, alleging that the fluoral fladism and vertebrate fladism occurred on the lue timber and shoulder (hereinafter “instant wounds”) due to an accident described in the subsection (d).

After the resolution of the Board of Patriots and Veterans Entitlement, the Defendant rejected the registration of a person of distinguished service to the Plaintiff on June 30, 2012 by notifying the decision that the instant wound was diagnosed after about 44 years of discharge, and that the direct causal relationship with the performance of duty was not recognized at the time of military service, and that it does not meet the requirements for the person of distinguished service to the State under

(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s Disposition of this case’s No. 1 to 4, Gap’s 1 to 4 (including number number; hereinafter the same shall apply), Eul’s 1 and 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was dispatched to South and North Korea after his entrance and performed his duties as a volunteer soldier.

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