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(영문) 서울행정법원 2020.04.22 2020구단254
국가유공자 및 보훈대상자 등록거부처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On September 29, 1970, the Plaintiff entered the Gun and served on the south from March 9, 1971 to December 29, 1971, and discharged on July 31, 1973.

B. On September 8, 2016, the Plaintiff filed an application for registration with the Defendant to the effect that “the Plaintiff entered the room as a communication equipment unit on April 20, 1971, where the Plaintiff was dispatched to South and North Korea and was injured by fingers on the left side (hereinafter “the instant difference”) while entering the room as a communication equipment unit on April 20, 1971.”

Since then, the defendant filed a lawsuit seeking revocation of the above disposition with this court on March 29, 2017, against whom the defendant rendered distinguished services to the State or a person eligible for veteran's compensation was subject to the disposition, but the judgment against the plaintiff was rendered on June 14, 2017, and this judgment became final and conclusive as it is.

(2017Gudan10527) c.

In addition to the Plaintiff’s statement on October 4, 2019, there was no evidence to prove that there was a proximate causal relation with the military performance of official duties, such as combat action or performance of official duties, etc., the Plaintiff lost the Plaintiff in the litigation described in Paragraph (b), and on the ground that there was no photograph verifying the difference among the pictures submitted, there was no photograph verifying the difference in this case, the Plaintiff rendered a disposition of non-determination of persons who rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2-2, Eul evidence 1-6, the purport of the whole pleadings

2. Determination

A. Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State provides that “A soldier, etc. suffers from wounds in performance of duties or education and training directly related to national defense, security, or the protection of people’s lives and property” as the requirements of soldiers and police officers wounded on duty.

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