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(영문) 창원지방법원 2017.06.13 2016구단10184
국가유공자요건비해당결정취소
Text

1. On January 6, 2016, the Defendant rendered a decision that constitutes a non-existence of the requirements for persons who rendered distinguished services to the State to the Plaintiff.

Reasons

1. The Plaintiff (B) entered the Army on March 28, 2008 and served as a noncommissioned officer at the Third Special Brigade of Public Demand and discharged from active service on March 27, 2014.

On May 4, 2015, the Plaintiff filed an application for registration with the Defendant (the head of the Changwon branch office before the change) by asserting that he/she was injured (hereinafter “the instant wounds”) in the course of maritime invasion education and training on July 24, 2012. On January 6, 2016, the Defendant rendered a decision that the instant wounds did not meet all the requirements for persons who have rendered distinguished services to the State under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act”) and the Act on the Support for Persons, etc. of Distinguished Services to the State (hereinafter “the Act on the Honorable Treatment of Persons, etc. of Distinguished Services to the State”).

[Ground of recognition] Evidence No. 2, Evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The difference in the Plaintiff’s assertion is a soldier’s performance of duty or education and training, and thus constitutes a person of distinguished service to the State. Even if it is not so, it constitutes a person’s eligibility for veteran’s compensation.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. On July 23, 2006, when the Plaintiff entered a high school, such as the medical records on the first part of the table, the Plaintiff was diagnosed at C Hospital on July 24, 2006 with the outer side of the right legle, and received treatment, such as salary spact, which is the outer side of the right legle, to the effect that the Plaintiff sprinked with the outer side of the upper part of the table.

The plaintiff, while making an election campaign on March 19, 2007, was diagnosed as the right satisfyed salt in the D convalescent hospital with the right satisfyed, and was treated as influent satum, etc.

On March 28, 2008, the Plaintiff entered the Army and served as a noncommissioned officer at the Third Special Training Group for Public Demand in the Army. On March 2, 2010, the Plaintiff was undergoing night training on March 2, 201, and the right trees are adjacent to the right trees.

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