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(영문) 수원지방법원 2019.04.24 2018구단7024

국가유공자 및 보훈보상대상자 요건 비해당 결정처분 등 취소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On January 12, 2012, the Plaintiff entered the Army and was on May 1, 2012, and was on duty in the Air Security Headquarters B as noncommissioned Officer on May 1, 2012, caused an accident that, on November 3, 2015, the Plaintiff went into the runway for the purpose of shooting a control tower for the purpose of shooting against the military force on November 3, 2015, and fell into a depth of 3 to 4 meters (hereinafter “instant accident”).

B. The Plaintiff, at the stage of the instant accident, she took a bleep X-ray photograph, and did not go beyond the bones, but she she saw more blickly and more severe pain on each bridge.

C. On December 18, 2015, the Plaintiff was hospitalized in the National Defense Water Service Hospital for the purpose of a shoulder operation that had been planned before the military mission against the Plaintiff, and was diagnosed as a brate lag in the lagic part of the lag by complaining of the lag pain. On March 9, 2016, the Plaintiff was diagnosed as a lag lag lag lag lag lag lag lag lag lag lag lag lag lag lag lag lad, etc. at the D Hospital located in Dongdaemun-gu Seoul Metropolitan Government on March 9, 2016.

On May 4, 2017, after the Plaintiff was discharged from active service on April 30, 2017, the Plaintiff applied for registration of a person who rendered distinguished service to the State or a person eligible for veteran’s compensation, but was notified of a determination on whether he/she was ineligible for veteran’s compensation (hereinafter “instant disposition”) on November 1, 2017.

E. On November 28, 2017, the Plaintiff filed an objection against the instant disposition. On January 23, 2018, the Plaintiff was notified of the non-conformity of the requirements.

[Ground of recognition] The fact that there is no dispute, Gap 1, 2, Eul 1 through 6, 8, 9, 10, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion stated that there was no discovery of post signboard escape certificates, spine vertebrates, and spine electric ebrates, when undergoing the military service examination before entering the army, and that the plaintiff did not appeal to the medical record even though it is obvious that the plaintiff continuously appealed not only the bridge after the accident of this case, but also the plari's pains, and therefore, the plaintiff did not appeal to the medical record.