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(영문) 대구지방법원 2017.04.21 2016구단105

국가유공자등록거부처분취소

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 May 9, 1995, while entering the Navy, the Plaintiff was diagnosed as “vertebrate separation (L5)” and received hospital treatment at the Armed Forces Navy, and was discharged from the military service on October 24, 1996.

B. On August 9, 2010, the Plaintiff filed an application for registration with the Defendant for registration of persons who rendered distinguished services to the State by asserting that “the vertebrate has deteriorated due to education and training or performance of official duties in the military service,” but the Defendant notified the Defendant of the determination that the said wounds did not constitute proximate causal relation with the performance of official duties, on January 12, 201.

C. On November 16, 201, the Plaintiff filed an application for re-registration of persons who rendered distinguished services to the State with respect to spine separation certificate to the Defendant, but the Defendant issued notification to the Defendant on May 16, 201 on the same ground.

Then, on December 31, 2014, the Plaintiff filed an application for re-registration of persons who have rendered distinguished services to the State with the ground that “the vertebrate was created or aggravated due to education and training or performance of official duties in the military service, and the operation of the Armed Forces Busan Hospital was caused by the negligence of operation in the operation of the National Armed Forces Busan Hospital, and that the vertebrate was created even after the verte

(hereinafter referred to as “vertebrate No. 1 No. 1”, “vertebrate No. 1”, “vertebrate No. 2”, “vertebrate No. 2,” and “all of them,” respectively.

On April 22, 2015, the Defendant cannot be deemed to have caused the instant wounds to the Plaintiff on the grounds that (i) the performance of duties or education and training directly related to the national defense and security, or the protection of the lives and property of the people, and (ii) the aforementioned performance of duties or education and training, as a direct cause, sharply aggravated above the speed of the progress of nature as a result of the said performance of duties or education and training, or rapidly aggravated above the speed of the progress of nature as a result of other duties or education and training.