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(영문) 부산지방법원 2016.01.27 2015구단20750

국가유공자및보훈보상대상자요건비해당처분취소의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On July 3, 2012, the Plaintiff entered the Army and discharged the Plaintiff from military service on August 16, 2014.

B. On October 10, 2014, the Plaintiff was diagnosed as “blood cancer” (hereinafter “the instant wound”) while serving in the military, and applied for registration of the Defendant to the Defendant for the instant wound.

C. Accordingly, on January 13, 2015, the Defendant determined that the instant wound was not a person eligible for veteran’s compensation under the Act on the Honorable Treatment and Support for Persons, etc. of Distinguished Service to the State and Support for Persons Eligible for Veteran’s Compensation, as stipulated under the Act on the Support for Persons, etc. of Distinguished Service to the State, and the Persons Eligible for Veteran’s Compensation, and notified the Plaintiff thereof.

(hereinafter collectively referred to as "each disposition of this case"). 【No dispute exists, Gap evidence 1-2, Eul evidence 1-1, Eul evidence 1-2, and the purport of the whole pleadings.

2. Whether each of the dispositions of this case is legitimate

A. The Plaintiff’s assertion was infected with viruses or germs during the performance of duties or education and training in the military forces, stress due to excessive work, lack of water surface, and violence of superior officers, etc., led to the occurrence of the instant wound. Moreover, in the health examination performed at the time of promoting the injury, the injury of this case was aggravated by delaying treatment without taking appropriate measures even after discovery of the species of 9 cm amount at the end of the disease at the time of promoting the injury.

Therefore, even if there is a proximate causal relationship between the instant wounds and the Gun, each of the instant dispositions based on the different premise is unlawful.

B. 1) The Plaintiff is subject to normal enlistment as a result of a physical examination for conscription.