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(영문) 대구지방법원 2016.01.29 2014구단2688
국가유공자요건비해당결정취소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Details of the disposition;

A. On September 1, 1981, the Plaintiff entered the Army and served in the 36th rank of the 5th rank of the 5th rank of the 36th rank of the 5th rank, and was discharged from military service on March 29, 1984.

B. On January 18, 1997, the Plaintiff received the application for registration of a person who rendered distinguished services to the State and received the recognition of “mental fission” that occurred while serving in the military as an official duty requirement, and was subject to disability rating 6-6-2(2) and 42 in a new physical examination on April 21, 1997, and was subject to disability rating 6-6-6(1)122 in a physical examination on November 18, 2010.

C. After that, on March 3, 2014, the Plaintiff filed an application with the Defendant to recognize the injury caused by an in-house violence during military service as an additional prize. D.

Accordingly, on September 5, 2014, the Defendant rendered a decision on the person who rendered distinguished services to the State and the person eligible for veteran’s compensation on the ground that there is no objective supporting material to verify that the above additional application was caused or aggravated due to the military performance of official duties.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 4 and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff was in military service, around July 1983, when he was assaulted against the senior military officer due to a fluorization, and was fluorily trained, such as the entire military funeral newsletter, while being subject to unreasonable training, such as the complete military funeral newsletter, the pain of the fluoral of the fluor, making it impossible for him to work until now.

Therefore, there is a proximate causal relation between the Plaintiff’s injury and the military performance of official duties. Therefore, the first Defendant’s disposition is unlawful on a different premise.

B. Determination 1) Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (including diseases in official duties in education and training or in the performance of duties).

The term "military personnel or police officers" refers to the injury or disease of military personnel or police officers during education and training or in the performance of their duties, so education and training or in the performance of their duties, and the injury or disease of military personnel or police officers so that they

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