국가유공자요건비해당처분취소
1. The Defendant’s disposition against the Plaintiff on April 4, 2012 as non-conforming to the requirements of a person of distinguished service to the State shall be revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. On September 7, 2010 to November 2, 2011, the Plaintiff served as B students in the Army.
B. On December 7, 2011, the Plaintiff filed an application for registration of a person who has rendered distinguished services to the State on the ground of “defluence” (hereinafter “defluence”) with the Defendant, and on April 4, 2012, the Defendant issued a non-conforming disposition of the requirements for persons who have rendered distinguished services to the State (hereinafter “instant disposition”) on the ground that “L4-5 Defluence test and surgery are verified, but the proximate causal link between the occurrence or aggravation of the pertinent disease and the military duties cannot be confirmed.”
[Ground of recognition] Facts without dispute, Gap 2, 6 evidence, Eul 1 to 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff started to feel pains from October 201, 201, due to training that imposes a burden on Huuri during the education of a new illness after receiving a normal judgment on both the physical examination and enlistment examination.
The Plaintiff was discharged from active service on July 7, 201, after the symptoms have deteriorated without any special treatment while being neglected.
Since there is a proximate causal relation with military service, the instant disposition is unlawful.
B. 1) The Plaintiff was judged at normal level and physical grade 1 in a physical examination conducted on September 2, 2005 before enlistment, and was determined at normal level in the draft physical examination conducted on September 8, 2010. The medical care benefits for national health insurance that the Plaintiff was transferred to the Plaintiff in relation to the Helian was only once “the National Health Insurance Benefits for which the Plaintiff was transferred to the Plaintiff on November 1, 2007, C Council members, and the saltss and tensions of the Helibranes. 2) The Plaintiff entered the army on September 7, 2010 and completed five weeks from the 25th Private Disease Education at the Army on September 11, 2010 to October 17, 2010.
Of the curriculum for new illness, 15 km and 30 km of night-gun are included, and the head of the Gun at average of 23.7 km among the police units must be met.
3. On October 18, 2010, the Plaintiff was in the 1st Spos Disease Team of the 25th Army.