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(영문) 부산고등법원 2017.02.03 2015누23311

국가유공자요건비해당결정취소

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On January 18, 2010, the Plaintiff joined the Marine Corps and was discharged from military service on October 31, 2010.

B. On November 2, 2010, the Plaintiff filed an application for registration with the Defendant for registration of a person who has rendered distinguished services to the State in the Naval Port Hospital, alleging that “Around March 2010, during the Marine Corps’s work of excavation conducted by the Marine Corps for the Landing Support (hereinafter “instant case”), the Plaintiff: “Around March 2010, during the Marine Corps’s harmful excavation operations, he was performed in the Marine Corps for the Republic of Korea with kneoe-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-con-

C. After deliberation by the Board of Patriots and Veterans Entitlement on February 22, 2011, the Defendant: (a) on March 4, 2011, the Plaintiff: (b) received an operation on the part of the Plaintiff on a traffic accident; (c) on the part of the Plaintiff, the injury of the instant case was diagnosed as “the instant wound” in the surgery conducted for six months after entering the instant hospital; and (d) on the part of the Plaintiff on the part of the medical advice, the medical specialist confirmed that “the Plaintiff did not have any increase in the amount of bossle fever, bosleop and renals, bosle, and renals, and there was no subarction; and (e) on the part of the Plaintiff, the injury of the instant case was damaged before April 2010; and (e) on the ground that there was no objective proximate causal relation between the injury of the military and the injury of the instant case.”

The plaintiff filed an administrative litigation seeking the revocation of the above disposition with Busan District Court 201Guhap2546, and the above court rendered a favorable judgment of the plaintiff on June 15, 2012, which ordered the revocation of the above disposition, and the defendant is the Busan High Court.