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(영문) 서울행정법원 2020.11.19 2018구단69502

국가유공자 비해당처분 및 보훈보상대상자 비해당처분 취소의 소

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Details of the disposition;

A. On December 7, 2015, the Plaintiff entered the Army, from February 2, 2016 to December 32, 2016, and served as a cooking soldier in the 32 group of the 2nd group of the 2nd group of the 2nd group of the 2nd group of the 2nd group of the 2nd group of the 2nd group of the 2nd group of the 2nd group of the 2nd group of the 2nd group of the 2nd group of the 2nd group of the 2nd group of the 2017th group of the 2nd group of the non-major group of the 2nd group of the 2nd group of the 2nd group of the 2nd group

B. On May 30, 2018, the Defendant rendered a medical opinion to the Plaintiff on May 30, 2018 that it is difficult to recognize that there was proximate causal relation with the performance of military duties only with the fact that the instant wound appears to have been suffering from a genetic disease during the military service period, and that it is difficult to expect a causal relation with the performance of military duties due to a disease caused by a genetic cause, and that it is difficult to expect a difference after the disease due to the problem of the time of diagnosis. In addition to the Plaintiff’s statement, it is difficult to expect a difference after the disease. In light of the specific and objective records that can be recognized that the instant wound was caused or aggravated or that there was a rapid aggravation of the disease due to a specific occupational environment beyond the scope of general military service, or that there was no adequate treatment or measure due to a failure to receive timely, it is difficult to recognize that there was a causal relation with the performance of duties or education and training directly related to the national defense or that there was a proximate causal relation or other causal relation with the occurrence or aggravation of the disease.

[Ground of recognition] There is no dispute.