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(영문) 수원고등법원 2020.07.22 2020누10360

국가유공자등록거부처분취소

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1. Revocation of the first instance judgment.

2. The Defendant’s refusal to grant a distinguished service to the Plaintiff on April 5, 2017.

Reasons

1. The Plaintiff entered the military on July 5, 199 and was discharged from military service on November 5, 199, while serving as Staff sergeant on November 5, 199, and was discharged from military service on April 30, 201.

On August 18, 2016, the Plaintiff served as a maintenance unit, such as a site launch zone, from November 2002 to the discharge, and applied for registration of persons who have rendered distinguished services to the State by asserting that “The Plaintiff was diagnosed as a mathal and psychotropic disorder as a result of a medical examination due to repeated symptoms, such as rush, spherth, etc. from June 2008, which are known as harmful to rush, such as rush, luth, etc.” and that “The Plaintiff was diagnosed as a mathal and pathal disorder as a result of a medical examination.”

On March 22, 2017, the Board of Patriots and Veterans Entitlement held on March 22, 2017 presented an opinion that "the plaintiff's parassis and flat disorder are determined to be a trophical satitis and a nephical satum for which it is difficult to identify the present cause. However, according to the medical record, it appears that the plaintiff had shown symptoms before handling chemicals since it stated that the plaintiff had experienced satisry for 20 to 30 years, the cause of the disease is different, and the cause of the disease can not be limited to chemical harmful substances. The possibility of the occurrence of the disease cannot be ruled out even in the ordinary life of the company as a noncommissioned officer who can commute to and from work, unlike the sick who resides in the 24-hour territory, and it is medically recognized that the plaintiff was suffering from being directly and repeatedly exposed to the hazardous substances or the harmful environment during the military's duty

However, even according to the occupational environment department consultation, the Plaintiff is deemed to have a addiction among the causes of parassis, and it is sufficiently probable that some of the elements harmful to the human body are included in the fields, such as organic solvents or events, etc., and the exposure to the long time is made.