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(영문) 서울행정법원 2015.07.02 2014구단7667

국가유공자등록거부처분등

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 August 4, 2003, the Plaintiff was discharged from active service on August 13, 2005.

B. The Plaintiff, while serving in the military, filed an application for registration of each person of distinguished service to the State around June 7, 2006 and around November 29, 2007, but the Defendant rejected each of the above applications.

C. On February 28, 2013, the Plaintiff again filed an application with the Defendant for registration of persons who rendered distinguished services to the State, inasmuch as there was a proximate causal link with the military duty or education and training, and thus, the Defendant did not recognize that the instant wound has rapidly aggravated above the natural progress rate, thereby making a decision on the requirements for persons who rendered distinguished services to the State and the requirements for persons eligible for veteran’s compensation (hereinafter “instant disposition”). D.

The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on or around April 8, 2014.

[Reasons for Recognition] Facts without dispute, Gap 8, 9, 10 evidence, Eul 1 through 8 (including provisional numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had been judged as Grade 1 in a physical examination at the time of entering the military, with good health conditions before entering the military.

After entering the military, the injury in this case was caused or aggravated due to stress in military service.

Therefore, since there is a proximate causal relationship between the Plaintiff’s military service and the instant difference, the instant disposition based on a different premise is unlawful.

B. Medical treatment several times from around September 26, 2002 to February 21, 2003 via symptoms, such as apprehensions, depressions, and coercions, in the case of the first and subsequent medical examination and treatment sources, including the details of diagnosis and treatment.