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(영문) 서울행정법원 2017.05.16 2016구단55080
국가유공자요건비해당결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On October 16, 2012, the Plaintiff entered the Army, and served as B driver’s disease from the 3rd Military Station from January 3, 2013 to the 3rd Military Station, and was discharged from active service on July 15, 2014.

On March 21, 2014, the Plaintiff filed an application for registration of persons who have rendered distinguished services to the State, alleging that the instant wound occurred due to the performance of military duties on July 21, 2014, after receiving a diagnosis of acute leukosis (hereinafter “instant wound”).

On April 6, 2015, the Defendant rendered a decision-making disposition on the non-conformity of the requirements for persons of distinguished service to the State (persons of distinguished service) (hereinafter “instant disposition”) following the deliberation and resolution of the Board of Patriots and Veterans Entitlement on the ground that “the proximate causal relation between the Plaintiff’s performance of official duties and the instant difference is not recognized, or it is difficult to deem that the difference has rapidly

On June 25, 2015, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on January 19, 2016.

【Ground of recognition” without any dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 1 and 2, and the purport of the entire pleadings, the plaintiff asserted the legitimacy of the disposition of this case as to whether the disposition of this case is legitimate, and the plaintiff participated in the color removal, oil exchange, vehicle maintenance, etc. of the vehicle without protective gear, and continued exposure to be exposed to bennasty, paint, siren, etc. including all kinds of carcers during the work.

Therefore, the Defendant’s instant disposition, which took place on a different premise, was unlawful even though the instant wounds occurred on the ground as above.

Facts of recognition

In full view of Gap evidence Nos. 4, 7, 8, 9, and Eul evidence Nos. 6 and 7, and the fact-finding results and the whole purport of the pleadings in relation to the third unit of the Army Armed Forces of the third unit of the Army of this Court, the following facts are recognized:

1) At the time of admission (193 cm for further 193 cm on April 6, 2015, 73 g of body, and 135/65 of blood pressure.

Daily maintenance of the contents of the Gu's work; and

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