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(영문) 서울행정법원 2014.08.28 2014구단1829
국가유공자및보훈보상대상자불승인처분취소
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 July 27, 1991, the Plaintiff was discharged from active service on April 30, 201, when serving as Second Lieutenant for the Military.

B. On July 31, 2013, the Plaintiff filed an application for registration with the Defendant for distinguished service to the State, alleging that the “culatory cancer” (hereinafter “instant wounds”) occurred due to cumulative and stress in the military service, with the Defendant during the military service.

C. On October 28, 2013, the Defendant rendered a disposition to the effect that it is difficult to recognize a proximate causal relationship between the instant wounds and the military’s performance of duties or education and training (hereinafter “instant disposition”) and that it does not meet the requirements for a person who rendered distinguished services to the State and the requirements for persons eligible for veteran’s compensation.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 through 4 (including additional numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff received a student officer training from the Army University from August 25, 2003 to July 29, 2004. At the time of the above education, the number of male students, who received the same education, with other male students, was very serious, and stress accumulated.

On March 2004, the U.S.A. was judged as U.S. cancer and A.A.A. cancer.

Therefore, it is certain in 2003 that the instant injury was caused due to extreme exposure and excessive stress in the student officer education.

Therefore, the instant 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 Services to the State (including diseases in line of duty during education and training or in the performance of duties).

"It means that a soldier or police officer is injured or suffering from a disease during education and training or in the performance of duty, so there is a proximate causal relation between education and training or performance of duty and that of the injury or disease, and the existing disease overlaps with education and training or performance of duty.

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