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(영문) 대구지방법원 2021.03.26 2020구단2009
국가유공자요건비해당결정취소
Text

The plaintiff's primary and conjunctive claims are all dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On April 20, 1982, the Plaintiff entered the Army and discharged the Plaintiff from active service on July 12, 1984.

B. On January 3, 2020, the Plaintiff filed an application for registration of a person with merit to the State, if he/she had a ice shock while undergoing shooting training in the military forces and had a ice shocked by ear, and caused a Cheong power disorder (hereinafter “instant disability”).

(c)

On June 26, 2020, the defendant suffered from the injury of this case during the performance of military duties or education and training, or caused a sudden malfunction of hearing power to the plaintiff more rapidly than the progress rate of natural progress.

Inasmuch as specific and objective records that can be medically recognized have not been verified, a decision was made to the effect that the requirements for disaster compensation under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State do not fall under the requirements for disaster compensation under the Act on the Support of Persons of Distinguished Service and Persons of Distinguished Service (hereinafter “instant disposition”).

[Reasons for Recognition] Uncontentious Facts, Gap evidence No. 1, Eul evidence No. 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the instant disposition was unlawful on a different premise, even though the Plaintiff was iced during the military education and training process and caused the instant injury.

B. Determination 1) In order to constitute a soldier’s injury in the line of duty or education and training under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, soldiers, etc. must enter into “any performance of duties or education and training directly related to national defense or security, or the protection of the lives and property of the people (including diseases).” In order to constitute a disaster-related injury under Article 2(1)2 of the Act on the Support of Persons Eligible for Veteran’s Compensation, etc., soldiers, etc. were suffering from duties or education and training that are not directly related to national defense and security or the protection of the people’s lives and property (a disease).

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