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(영문) 대구고등법원 2016.11.25 2016누4653
국가유공자및보훈보상대상자요건비해당결정처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On August 9, 1980, the Plaintiff joined the Gun and served in the Marine Corps, and was discharged from military service on March 31, 2014.

B. On August 6, 2010, the Plaintiff filed an application for registration with the Defendant on April 21, 2014, on the ground that: (a) around 09:30 on August 6, 2010, the Plaintiff transferred documents to the military unit; (b) sleeped slicks on the part of Heari; and (c) was diagnosed by the hump escape certificate (hereinafter “instant wounds”); and (d) received medical treatment by the hospital, and (e) received the treatment.

C. However, on February 12, 2015, the Board of Patriots and Veterans deliberated and decided that Article 2(1)2 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State does not constitute a soldier, police officer, or police officer determined by Article 4(1)6.

Accordingly, on March 4, 2015, the Defendant rendered a decision on the requirements for persons who have rendered distinguished services to the State and persons who have rendered distinguished services to the State, on the ground that the instant wound cannot be deemed to have rapidly deteriorated at a natural progress beyond the speed of progress due to the cause of performance of duties or education and training related to national defense, security, or the protection of the lives and property of the people (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The difference between the Plaintiff’s assertion and the instant case occurred while the Plaintiff was engaged in the work of moving sponss during the military service, and the Plaintiff was discharged from military service to the extent that it was impossible to perform military service due to the lack of symptoms even after having undergone several operations.

The Plaintiff did not have previously received medical treatment with a hive disc, and even if hiversity change was changed in the hiversity, it cannot be deemed that the instant difference occurred due to natural progress, and even if so, the Plaintiff may not be deemed to have occurred.

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