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(영문) 수원지방법원여주지원 2016.01.14 2014가합11849

손해배상(국)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 30, 1950, the Plaintiff entered the Gun, and the Plaintiff was discharged from military service on December 30, 1950, but was hospitalized at 1 Army Hospital and 5 Army Hospital from June 3, 1951 to August 11, 1951, and was hospitalized on August 12, 1951.

B. On November 29, 201, the Plaintiff filed an application for registration of a person who rendered distinguished service to the State and the disposition thereof (1) with the head of the Suwon Veterans Organization on the ground that “The Plaintiff felled with the enemy in the Daegu Mubol operations conducted in the Korean War, and felled into the valley and sustained a detailed unknown destruction type, right plehying,” and subsequently filed an application for registration of a person who rendered distinguished service to the State.

(2) On March 13, 2012, the head of the Suwon Veterans Organization rendered a decision on the eligibility of persons of distinguished service to the State (hereinafter “instant disposition”) on the ground that “it is difficult to recognize that the instant wounds occurred due to combat action or other performance of duties corresponding thereto” following the deliberation and resolution of the Board of Patriots and Veterans Entitlement.

C. The Plaintiff, who was dissatisfied with the instant disposition, filed a lawsuit against the head of Suwon District Court 2012Gudan1796 against the head of Suwon District Court for the revocation of the approval of a person of distinguished service to the State. However, on July 10, 2013, the Plaintiff was sentenced to the judgment against the Plaintiff on the ground that “it is insufficient to recognize that the Plaintiff sustained the instant wounds in the course of entering the Korean War on the grounds that it was insufficient to recognize that the Plaintiff was suffering from the instant wounds in the course of entering the Daegu Military War as being fluoring it into the Korean War and cutting it into the valley.” The said judgment became final and conclusive after the Plaintiff’s appeal (Seoul High Court 2013Nu2149) and the final appeal (2014du6692).

【Fact-finding without dispute over the ground for recognition, Gap evidence 1 through 5, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Army Headquarters established under the defendant's assertion that the plaintiff is entitled to all of the medical records (i.e., beds) stating the details of medical treatment at the Army Hospital while serving in the military.