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(영문) 서울행정법원 2014.07.24 2013구단53137
국가유공자요건비해당결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On January 4, 2011, the Plaintiff was discharged from active service on October 7, 2012 after having been transferred to the 25th unit B, and on January 28, 2013, the Plaintiff asserted that he/she suffered damage to the e-mail guns on the e-mail (hereinafter “instant accident”) caused damage to the e-mail gun on the e-mail, and applied for registration of persons of distinguished service to the State on April 28, 2013 due to an accident that gets far away from the iron bars during shock training (hereinafter “instant accident”).

B. On May 27, 2013, the Defendant notified the Plaintiff of the determination on the requirements for a person who rendered distinguished service to the State and the determination on the requirements for a person eligible for veteran’s compensation (hereinafter “instant disposition”) on the grounds that there was no proximate causal relation between the instant wounds and the military service, on the grounds that the Plaintiff had been suffering from the previous illness before entering the

C. The Plaintiff appealed and filed an administrative appeal, but was dismissed by the Central Administrative Appeals Commission on February 18, 2014.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 3, 7, 14, Eul No. 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion caused only the Plaintiff to go to the right hand while entering the armed forces, but did not suffer any injury to the shoulder, and it is apparent that the instant injury was caused and maliciously caused while performing military duties, such as aquatic rescue and recovery work without proper treatment, other than physical treatment, during the military service. Therefore, there is a proximate causal relation between the injury and the military performance.

B. Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State and Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation mean that soldiers, etc. are injured or ill in the course of performing their duties or education and training. In order to become different from the above provision, there is a proximate causal relation between the performance of their duties, education and training, and the injury or disease thereof, and the performance of their duties.

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