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(영문) 서울행정법원 2016.06.27 2014구단15224
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 December 7, 1966, the Plaintiff entered the Army as Second Lieutenant on November 5, 1966, and returned to the Republic of Korea on January 6, 1972 after having participated in the Vietnam War on November 23, 1970 while serving in the military. On February 24, 1972, the Plaintiff was diagnosed as “ Activity-based pulmonary Tuberculosis (hereinafter “instant wounds”) and was discharged from military service on September 30, 1972.

B. On May 9, 2014, the Plaintiff filed an application for registration of a person of distinguished service to the Defendant on the ground that the instant injury was caused or aggravated due to the performance of military duties.

C. On September 1, 2014, the Defendant rendered a decision on September 1, 2014 that the instant wound was not confirmed as a result of performing duties directly related to national defense, national security, or the protection of people’s lives and property, and thus, it did not constitute a soldier or policeman on duty as prescribed by the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act on the Honorable Treatment of Persons, etc. of Distinguished Service to the State”), but that it constitutes a soldier or policeman under the Act on the Support of Persons, etc. of Distinguished Service to the State

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was wounded in the instant case while continuing to participate in the same accounting training with high strength in the first part of the Kim Jong-po, immediately after returning to the Republic of Korea 410 days from the Vietnam War. The Plaintiff constitutes a soldier or policeman wounded in action or soldier or policeman wounded in action or on duty under the Act on Persons of Distinguished Services to the State, and the instant disposition is unlawful.

(b) Determination 1) Article 4(1)4 of the Act is a soldier or policeman who was wounded in combat action or in the performance of duties corresponding to it, and discharged from military service or retired from military service (a civilian military employee on or before December 31, 1959).

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